Aarsh Sahu vs Miliyani Kindoo & Ors
2022 Latest Caselaw 3989 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    S.A. No. 133 of 2014
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Aarsh Sahu .... .... .... Appellant Versus Miliyani Kindoo & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Apurva Pathak, Advocate : Mr. Vibhor Mayank, Advocate For the Respondents : Mr. Sanjeev Kr. Sahay, Advocate

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Order No.07 Dated- 27.09.2022 I.A. No.3289 of 2018 Heard the parties.

This interlocutory application has been filed with a prayer to condone the delay in filing this second appeal.

It is submitted by the learned counsel for the appellant that the appellant is not party to the Title Suit No. 237 of 1987 filed by his Title Appeal No. 27 of 2003 and from the records of Execution Case No. 1 of 1993, the appellant came to know about the judgment and decree passed in Title Appeal No. 27 of 2003 and the appellant is aggrieved by the said judgment and decree passed in Title Appeal No. 27 of 2003 though, he has not been impleaded as party in that appeal or in Title Suit No. 237 of 1987 out of which the said appeal has arisen. It is then submitted that the delay in filing this appeal in neither deliberate nor intentional. It is next submitted that the appellant has very good grounds to agitate in this appeal and unless the delay is condoned, the appellant will be highly prejudiced.

Considering the aforesaid facts, the delay in filing this second appeal is condoned.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.) S.A. No. 133 of 2014 Heard the parties.

The 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 "for Admission".

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