Krishna Mohan Sah vs Satish Chandra Mahto & Others
2022 Latest Caselaw 4965 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    S.A. No.153 of 2012
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Krishna Mohan Sah .... .... .... Appellant Versus Satish Chandra Mahto & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Amit Kr. Das, Advocate For the Resp. No.1 to 4 & 6 : Mr. Kaushik Sarkhel, Advocate Mr. Rahul Anand, Advocate

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Order No.11 Dated- 07/12/2022 I.A. No.5649 of 2015 Heard the parties.

2. Learned counsel for the appellant submits that this interlocutory application has been filed with a prayer to condone the delay of 66 days in filing the instant appeal. It is next submitted that the appellant got the information with respect to passing of the impugned judgment only in the end of May as the appellant was not party to Execution Case No.17 of 1989, the order passed in which case is challenged in this Second Appeal. Hence, the same resulted in delay in filing this Second Appeal. It is further submitted that the appellant has very good grounds to agitate in this appeal and unless the delay in filing the instant appeal is condoned, the appellant will be highly prejudiced. Hence, it is submitted that the delay of 66 days in filing the instant appeal be condoned.

3. Learned counsel for the respondent Nos.1 to 4 and 6 has not raised any serious objection.

4. Considering the aforesaid facts, the delay of 66 days in filing the instant appeal is condoned.

5. This interlocutory application stands allowed.

(Anil Kumar Choudhary, J.) S.A. No.153 of 2012 Learned counsel for the respondent Nos.1 to 4 and 6 submits that the respondent No.5 has died in the year 2017 but no prayer for substitution of the legal representatives of the deceased respondent No.5 has been made as yet.

Under such circumstances, this appeal abates against the respondent No.5.

Learned counsel for the appellant prays for time. Prayer for time is allowed as the last chance. List this appeal after six weeks under the heading 'Admission.'

Animesh/ (Anil Kumar Choudhary, J.)