Usha Debi & Ors vs The State Of Jharkhand
2024 Latest Caselaw 9535 Jhar

Jharkhand High Court

Usha Debi & Ors vs The State Of Jharkhand on 23 September, 2024

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        F.A. No. 75 of 2022
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Usha Debi & Ors. .... .... .... Appellants Versus The State of Jharkhand .... .... .... Respondent With F.A. No. 152 of 2012

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Shanti Debi & Anr. .... .... .... Appellants Versus The State of Jharkhand .... .... .... Respondent With F.A. No. 76 of 2022

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Suresh Mahato .... .... .... Appellant Versus The State of Jharkhand .... .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Ms. Moushmi Chatterjee, Advocate : Mr. Akhouri Prakhar Sinha, Advocate : Mr. Apurv, Advocate : Mr. Shekhar Sinha, Advocate For the Respondents : Mr. Sanjay Kr. Tiwari, S.C.-I : Mr. Sachin Kumar, AC to SC -I

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Order No.10 Dated- 23.09.2024 I.A. No.4517 of 2023 (In F.A. No. 75 of 2022) This interlocutory application has been filed with a prayer to condone the delay of 2964 days in filing this first appeal.

It is submitted by the learned counsel for the appellants that the appellants along with similarly situated persons earlier filed F.A. No. 152 of 2012 against the impugned judgment as well as the judgment passed in Reference Case no. 08 of 1989 combinedly without confining to any one reference case, which was objected to by the stamp reporter. Thereafter the prayer in F.A. No. 152 of 2012 was confined to Reference Case No. 8 of 1989 only, hence this fresh appeal was filed in respect of Reference Case No. 1 of 1989 but the same resulted in delay. It is further submitted by the learned counsel for the appellants that the appellants have very good grounds to agitate in this first appeal and the delay was neither intentional nor deliberate and unless the delay of 2964 days in filing this appeal is condoned, the appellants will be highly prejudiced.

Learned counsel for the respondent has no serious objection. Considering the aforesaid facts, the delay of 2964 days in filing this appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) I.A. No.11277 of 2023 (In F.A. No. 75 of 2022) Heard the parties.

The learned counsel for the appellants prays for one week's time to file a supplementary affidavit to this I.A. No. 11277 of 2023.

Prayer for time is allowed.

Unless the appellants file the said supplementary affidavit to I.A. No. 11277 of 2023 within one week; this appeal shall stand dismissed without further reference to the Bench.

(Anil Kumar Choudhary, J.)

This appeal will be heard. Admit.

Mr. Sanjay Kumar Tiwari, Advocate receives notice of this appeal on behalf of the respondent.

Call for the Lower Court Records.

List this appeal along with F.A. No. 152 of 2012 and 76 of 2022 after receipt of the Lower Court Records.

(Anil Kumar Choudhary, J.)

Heard the parties.

The learned counsel for the appellant prays for time to remove the defects as pointed out by the stamp reporter.

The appellant is directed to remove the defects as pointed out by the stamp reporter within eight weeks, failing which, this appeal shall stand dismissed without further reference to the Bench.

(Anil Kumar Choudhary, J.)

List this appeal along with F.A. No. 75 of 2022 and F.A. No. 76 of 2022 in due course.

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