Tarak Nath Patra vs Mrs. Kajari Patra
2021 Latest Caselaw 2344 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    First Appeal No. 77 of 2020
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            Tarak Nath Patra                                        ---    ---    Appellant
                                                   Versus
            Mrs. Kajari Patra                                       ---    ---    Respondent
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              CORAM:        Hon'ble Mr. Justice Aparesh Kumar Singh

Hon'ble Mrs. Justice Anubha Rawat Choudhary Through Video Conferencing

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For the Appellant: Mr. Yogendra Prasad, Advocate For the Respondent: Mr. Vishal Kr. Trivedi

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04 / 14.07.2021 Heard learned counsel for the Appellant Mr. Yogendra Prasad and learned counsel for the Respondent Mr. Vishal Kumar Trivedi on I.A. No. 5393/2020 seeking condonation of delay of 193 days in preferring the instant Memo of Appeal.

2. Learned counsel for the Appellant submits that the impugned judgment was delivered on 19.02.2020. The period of limitation fell during the period of lockdown. It stood extended by the general order passed by the Hon'ble Supreme Court. As such, there is no deliberate delay. The appellant could manage to obtain copy of the memo of judgment and decree after the unlock process started and thereafter, appeal was filed on 09.10.2020. Therefore, delay is not intentional. Appellant may suffer irreparably, if it is not condoned.

3. Learned counsel for the Respondent has opposed the prayer.

4. Having considered the submissions of the learned counsel for the parties and that since the delay occasioned during the lockdown period and in view of the orders passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No. 3 of 2020, the appeal is within time. Accordingly, I.A. No. 5393/2020 stands disposed of.

5. Learned counsel for the parties agree that an effort for amicable settlement of the dispute between the parties can be made through mediation at the appellate stage before adjudication of the case on merits. It is submitted that option may be left for the parties to attend the proceedings either physically or on-line, as per travel restrictions.

6. Having regard to the aforesaid circumstances, let the parties approach the learned Member Secretary, JHALSA on 22.07.2021 on the following numbers.

Cell No. 8986601912 Landline no. 0651-2482392

7. Parties should indicate beforehand whether they are willing to join the proceedings physically or on-line. On their appearance, matter be placed before the learned Mediator, JHALSA for undertaking the exercise. Parties should cooperate in the proceedings with an open mind and attend each of the sittings. If they arrive at an amicable settlement, terms and conditions thereof be reduced in writing and be submitted along with the report four weeks thereafter.

8. Matter be listed in the week commencing 31.08.2021 along with the report.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/