Chamni Devi & Ors vs Ashok Naik & Ors
2022 Latest Caselaw 5057 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           SA No. 49 of 2012

            Chamni Devi & Ors.               .........      Appellants

                                  Versus

             Ashok Naik & Ors.               .........      Respondents

Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Appellants : Mr. Bharat Kumar, Adv. For the Respondents : Mr. Manoj Kr. Sah, Adv.

06 / 13.12.2022 I.A. No. 1763 of 2012 Heard the parties.

Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to condone the delay of 858 days in filing this appeal. It is further submitted that the after the decree was passed, the appellant no. 3 immediately after getting the certified copy of the impugned judgment and decree on 15.10.2009, handed over the file to Sri M.M. Prasad, for the purpose of filing the appeal within the period of limitation and Mr. M.M. Prasad also assured to file the appeal within limitation period but as the appellants received the notice on 20.04.2012 in the Execution Case no. 02 of 2012, hence, they rushed to Ranchi and came to know that M.M.Prasad had already died and thus the same resulted in delay in filing this Second Appeal and unless the delay is condoned, the appellants will be highly prejudiced.

Considering the aforesaid facts and circumstances of the case, the delay in filing the second appeal is condoned.

This interlocutory application is disposed of

accordingly.

(ANIL KUMAR CHOUDHARY, J.) SA No. 49 of 2012 Perusal of the record reveals that the appeal has abated against respondent no. 10 as no steps for substitution of the legal representatives was taken.

Learned counsel for the appellants prays for time.

Prayer for time is allowed as the last chance. List this appeal after four weeks under the heading for admission.

(ANIL KUMAR CHOUDHARY, J.) Smita/-