Ramesh Chandra Mahto & Ors vs Tarkeshwar Mahto & Ors
2023 Latest Caselaw 1617 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                S.A. No. 65 of 2016
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Ramesh Chandra Mahto & Ors. .... .... .... Appellants Versus Tarkeshwar Mahto & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Sudhir Kr. Sharma, Advocate For the Respondents : Mr. Pankaj Verma, Advocate

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Order No.14 Dated- 17.04.2023 I.A. No.679 of 2016 This interlocutory application has been filed with a prayer to condone the delay of 30 days in filing this appeal.

It is submitted by the learned counsel for the appellants that though the certified copy of the judgment and decree under appeal was ready on 13.01.2016 but the same was received after five months on 13.06.2016. It is then submitted that there is some error in the averments made in para-4 but the appellant no.4 who used to look after the case on behalf of the appellants is an old man suffering from cardiac and other old age related problems. It is then submitted that the appellant no.4 was ill from 02.01.2016 to 20.01.2016 on account of severe backache, cough and recovered from illness on 21.01.2016 and thereafter some time was spent in collecting the money. It is next submitted that the appellants have very good grounds to agitate in this appeal and the delay was neither intentional nor deliberate and unless the delay in filing this appeal is condoned, the appellants will be highly prejudiced.

Considering the aforesaid facts, the delay in filing this appeal is condoned subject to payment of costs of Rs.2,000/- by the appellants to the respondents through the learned counsel for the respondents appearing in the record within six weeks, failing which this conditional order shall not be given effect to and this interlocutory application shall stand dismissed without further reference to the Bench and consequently this appeal shall stand dismissed being barred by limitation.

It is made clear that in case, if the appellants files the proof of payment of cost of Rs.2,000/- by the appellants to the respondents through the learned counsel for the respondents appearing in the record within six weeks, this appeal shall be listed under the heading "Order XLI Rule 11 CPC" as the last chance.

This interlocutory application stands disposed of accordingly.

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