Durga Ram & Ors vs Kursella Kujur
2022 Latest Caselaw 4982 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   S.A. No. 238 of 2014
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    Durga Ram & Ors.                  .... .... .... Appellants
                           Versus
    Kursella Kujur                   ....  .... .... Respondent
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Syed Nausad Ahmed, Advocate For the Respondents : Mr. Arun Kumar, Advocate

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Order No.10 Dated- 08.12.2022 I.A. No.6673 of 2014 Heard the parties.

Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to condone the delay which according to the appellants is one year eight months and twenty three days and as per the stamp reporter, it is 546 days in filing this second appeal.

It is next submitted by the learned counsel for the appellants that the appellants are villagers and belonged to backward community and they face considerable hardship in eking out their livelihood. So the male members often go outside the state for livelihood, hence they could not immediately know about the dismissal of the Title Appeal No. 29 of 2006 which resulted in the delay in filing the instant second appeal. Hence, it is submitted that the delay in filing this second appeal be condoned.

Mr. Arun Kumar, the learned counsel for the respondent on the other hand vehemently opposes the prayer for condonation of delay and submits that valuable rights have accrued to the respondents by not challenging the order and judgment passed in Title Appeal No. 29 of 2006, passed by the Additional Judicial Commissioner, Ranchi and there is absolutely no merit in this appeal and unnecessarily, the appellants are dragging the litigation, only to harass the respondents. Hence, it is submitted that the delay in filing the instant second appeal ought not to be condoned.

Considering the aforesaid facts and circumstances of the case, the prayer for condonation of delay is allowed subject to payment of costs of Rs.5,000/- by the appellants to the respondent through the learned counsel for the respondent appearing in the record within four weeks from the date of this order and to file the proof of such payment in this Court within four weeks from the date of this order, failing which this interlocutory application shall stand dismissed and consequently, the second appeal no. 238 of 2014 shall also stand dismissed being barred by limitation.

In case, the appellants file the proof of payment of costs of Rs.5,000/- by the appellants to the respondent through the learned counsel for the respondent appearing in the record within four weeks from the date of this order, this interlocutory application shall stand allowed and the second appeal be listed under the heading "for Admission" in the next week of filing the proof of payment of costs of Rs.5,000/- by the appellants to the respondent through the learned counsel for the respondent appearing in the record.

This interlocutory application stands disposed of accordingly.

Sonu-Gunjan/-                        (Anil Kumar Choudhary, J.)