Rafat Praveen Soni vs Md. Mahfuj
2022 Latest Caselaw 1388 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                           C.M.P. No. 318 of 2015

     Rafat Praveen Soni                                            --- --- Petitioner
                                       Versus
     1.Md. Mahfuj
     2.Razia Khatoon
     3.Fahim Iabal                                          --- --- Opposite Parties

                               .......

CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner : Mr. Pradeep Kumar, A.C to Mr. Lukesh Kumar, Advocate For the O.P. :

05/07.04.2022 Heard learned counsel for the petitioner.

This petition seeks restoration of F.A. No. 210 of 2010, which was dismissed for non-prosecution vide order dated 24.06.2011. The first appeal was directed against the judgment dated 03.07.2010 passed by the learned Family Court, Giridih in Matrimonial Suit No. 09 of 2008 whereby the prayer for restitution of conjugal rights was allowed ex- parte in favour of the respondent no.1/ petitioner therein. Perusal of the order of dismissal of the first appeal shows that no one appeared for the appellant even after repeated call. The appeal was dismissed along with the application for condonation of delay.

This petition has been filed in 2015 after a massive delay of 1499 days. The only reason explained in the petition is that learned counsel for the petitioner/ appellant did not mark the list on 24.06.2011 and petitioner came to know of its dismissal much thereafter. This explanation is hardly worth acceptance. It shows lack of interest in prosecuting. Further the restoration petition has been preferred after 4 years of the dismissal of the first appeal, during all this period petitioner was totally oblivious of the status of the appeal. I.A. No. 2507 of 2022 for condonation of delay of 1499 days also does not contain any plausible explanation. It also needs to be further mentioned that instant petition remained unattended for removal of defects before the Lawa Zima Board and no interest was taken for removal of defects till the matter was listed in the month of February 2022.

Taking into account of these facts and circumstances, we are not inclined to condone the delay. I.A. No. 2507 of 2022 stands dismissed. Accordingly, instant CMP also stands dismissed.

(Aparesh Kumar Singh, J.)

(Deepak Roshan, J.) A.Mohanty