Citation : 2023 Latest Caselaw 597 Chatt
Judgement Date : 30 January, 2023
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
FA No. 130 of 2022
Dr. Radheshyam Gupta & others Versus Rani @ Urmila Gupta & others
30/01/2023 Shri Shobhit Koshta, Advocate for the appellants.
Shri Ashish Surana, Advocate for the respondent No.1.
Shir Prashant Gupta, Advocate for the respondent Nos. 2 to 5.
Heard on I.A. No.1/2022, application under Section 5 r/w 14 of the Limitation Act for condonation of delay in filing the instant appeal.
The reasons have been assigned that an application was filed after the judgment and decree for correction of the judgment and decree which touches upon the payment of Court fees and for that reasons, the appeal was filed late. The appeal is barred by 238 days.
The reply is also filed by the respondent No.1.
Having considered the reasons assigned and taking into the facts, we deem it proper to condone the delay of 238 days to deliberate upon the merits of the appeal.
Accordingly, I.A. No.1/2022 is allowed.
Heard.
Admit.
Let the copy of memo of appeal be supplied to the respondents.
Since respondents have already represented, no formal notice would be required.
Let paper book be filed in accordance with the High Court Rules, within a period of eight weeks.
The respondents also pray time to file reply to the application for stay.
Considering the dispute in this case, let the parties appear before this Court in person on 23-02-2023.
Till then the status quo, as exists today, shall be maintained.
SD/- SD/-
(Goutam Bhaduri) (N.K.Chandravanshi)
Judge Judge
Amardeep
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