Krishna Prasad Saha & Another vs Gayatri Devi & Others
2022 Latest Caselaw 701 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    F.A. No. 201 of 2015
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Krishna Prasad Saha & Another ... Appellants

-versus-

              Gayatri Devi & Others                     ... Respondents
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                   CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                       THROUGH VIDEO CONFERENCING
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            For the Appellants:     Mr. Alakh Kumar Sahay, Advocate

For the Respondents: Mr. Shree Nivas Roy, Advocate

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18/ 24.02.2022 I.A. No.7472 of 2017 Heard learned counsel for the appellants and learned counsel for the respondents.

There is a delay of 204 days in filing this first appeal. Appellants pray to condone the delay. It has been mentioned that after the judgment was passed in the Title Suit No.11 of 2009, appellants, due to inadvertence, filed an appeal before the Principal District Judge, Koderma. Thereafter, on scrutiny, it was found that the suit value was Rs.31,00,000/- (Rupees Thirty One Lakh) and, thus, the Principal District Judge has got no pecuniary jurisdiction to hear the appeal. An application was filed on 23.07.2015 to withdraw the said appeal. The said application was disposed of on 01.09.2015. After disposal of the said application, certified copy and other documents were obtained and this first appeal was filed before this Court. The entire process resulted in delay of 204 days in filing this appeal.

After hearing the parties and after going through the interlocutory application, I find that sufficient grounds have been shown to condone the delay in filing this first appeal. I am inclined to allow this interlocutory application. Delay of 204 days in filing this appeal is condoned.

This interlocutory application stands allowed.

(Ananda Sen, J.) Kumar/Cp-02