Budho Devi vs Md. Jamaluddin Ansari & Another
2022 Latest Caselaw 2516 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   M.A. No.231 of 2014
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    Budho Devi                      .... .... .... Appellant
                             Versus

Md. Jamaluddin Ansari & Another .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Vijay Kr. Sharma, Advocate

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Order No.06 Dated- 07/07/2022 I.A. No.3278 of 2014 Heard the learned counsel for the appellant.

2. Learned counsel for the appellant submits that this interlocutory application has been filed by the appellant with a prayer to condone the delay of 175 days in filing the instant appeal.

3. Learned counsel for the appellant next submits that the appellant was suffering from chronic disease namely Jaundice, so she could not consult the lawyer immediately after the impugned judgment and award was passed. It is next submitted that the delay caused was neither deliberate nor intentional and the appellant has very good grounds to agitate in this appeal and unless the delay of 175 days in filing the instant appeal is condoned, the appellant will be highly prejudiced. Hence, it is submitted that the delay of 175 days in filing the instant appeal be condoned.

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

5. This interlocutory application stands allowed.

(Anil Kumar Choudhary, J.) M.A. No.231 of 2014 This appeal will be heard.

Admit.

Call for the lower court records.

Issue notice to the respondents.

The appellant is directed to file requisites for service of notice upon the respondents by registered post with A/D as well as under ordinary process within four weeks failing which; this appeal shall stand dismissed without further reference to the Bench.

Rule is made returnable within six weeks. List this appeal after receipt of the service report of the notice upon the respondents.

Animesh/ (Anil Kumar Choudhary, J.)