Anand Ram & Others vs Rampati Mosomat & Others
2023 Latest Caselaw 2797 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  S.A. No.94 of 2018
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Anand Ram & Others .... .... .... Appellants Versus Rampati Mosomat & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Yadu Nandan Mishra, Advocate For the Resp. Nos.1, 2, 4 to 18: Mr. Sarju Prasad, Advocate Mr. Atma R. Choudhary, Advocate

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Order No.09 Dated- 10/08/2023 I.A. No.8474 of 2019 Heard the parties.

2. Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to condone the delay of 04 days in filing the instant appeal. It is next submitted that the appellants were under the impression that the limitation for filing the instant appeal was till 11.04.2018 as the judgment dated 20.11.2017 was corrected on 11.01.2018 and under the said wrong notion, the instant appeal could not be filed within the stipulated time resulting in the delay of 04 days in filing the instant appeal. It is further submitted that the delay caused in filing the instant appeal is neither deliberate nor intentional. It is also submitted that the appellants have very good grounds to agitate in this appeal and unless the delay caused in filing the instant appeal is condoned, the appellants will be highly prejudiced. Hence, it is submitted that the delay caused in filing the instant appeal be condoned.

3. Considering the aforesaid facts, the delay of 04 days in filing the instant appeal is condoned.

4. This interlocutory application stands allowed.

(Anil Kumar Choudhary, J.) S.A. No.94 of 2018 Learned counsel for the appellants prays for time to advance arguments in the matter of admission.

Prayer for time is allowed as the last chance. List this appeal after four weeks 'For Hearing' under Order XLI Rule 11 of Code of Civil Procedure.

Animesh/                                     (Anil Kumar Choudhary, J.)