Abdul Quayum Ansari & Another vs The State Of Jharkhand Through ...
2023 Latest Caselaw 1909 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     S.A. No.363 of 2017
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Abdul Quayum Ansari & Another .... .... .... Appellants Versus The State of Jharkhand through Deputy Commissioner, Garhwa & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Syed T. Sajid, Advocate For the Respondent : Mr. Praveen Akhauri, SC (MINES I) Mr. D. K Rai, AC to SC (MINES I)

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Order No.08 Dated- 03/05/2023 I.A. No.6427 of 2017 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 38 days in filing the instant appeal. It is next submitted by the learned counsel for the appellants that the appellants after passing of the impugned judgment and decree, discussed with several of his well-wishers as whether to file the second appeal or not and at last he felt the necessity for filing the second appeal but the time was consumed in consultation with his well- wishers which resulted in delay of 38 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 38 days in filing the instant appeal is condoned.

4. This interlocutory application stands allowed.

(Anil Kumar Choudhary, J.) S.A. No.363 of 2017 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 eight weeks 'For Hearing' under Order XLI Rule 11 of Code of Civil Procedure.

Animesh/                                     (Anil Kumar Choudhary, J.)