The State Of Jharkhand And Others vs Smt. Manorma Devi
2025 Latest Caselaw 7545 Jhar

Jharkhand High Court

The State Of Jharkhand And Others vs Smt. Manorma Devi on 5 December, 2025

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          S. A. No. 103 of 2024

       The State of Jharkhand and Others      ...     ...     Appellants
                             Versus
       Smt. Manorma Devi                 ...       ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Krishna Kumar Bhatt, AC to SC-I For the Respondent : Mr. Rahul Kumar Gupta, Advocate : Mr. Shusham Kumar, Advocate

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07/05.12.2025 (I.A. No. 8451 of 2024)

1. This interlocutory application has been filed for seeking condonation of delay of 770 days in filing this appeal.

2. Learned counsel for the appellants has submitted that the matter relates to forest land and the suit was filed seeking declaration of title, which was dismissed by the learned trial court and the judgment was reversed by the learned 1st appellate court.

3. Learned counsel for the appellants has referred to paragraph 4 to 10 of the said interlocutory application for condonation of delay and has submitted that the reasons for delay is bonafide and the delay may be condoned.

4. Learned counsel for the appellants has relied upon a judgment passed by Hon'ble Supreme Court reported in (2023) 10 SCC 531 [Sheo Raj Singh (Deceased) Through Legal Representatives and Others vs. Union of India and Another] and has referred paragraph 35.2 to submit that it has been held that the expressions "sufficient cause" is elastic enough for courts to do substantial justice. Further, when substantial justice and technical considerations are pitted against one another, the former would prevail.

5. Learned counsel for the respondent has opposed the prayer for condonation of delay and has submitted that the reason for delay has not been properly explained. Learned counsel for the respondent has

submitted that no sufficient cause has been assigned for condonation of delay and the delay is enormous.

6. After hearing the learned counsel for the parties and considering the facts and circumstances of this case and the nature of litigation involved, this Court is inclined to condone the delay in filing this second appeal. After being satisfied with the cause shown and also for the interest of justice, I.A No. 8451 of 2024 seeking condonation of delay is hereby allowed subject to payment of cost of Rs.20,000/- to be remitted by the appellants in the bank account of respondent.

7. The details of the bank account of respondent be furnished by the learned counsel for the respondent to the learned counsel for the appellants within 1 week from today.

8. The supplementary affidavit showing remittance of cost of Rs.20,000/- in the account of respondent should be filed by 16th December, 2025, failing which this second appeal shall dismissed without further reference to the Bench.

9. If this order is complied, post this case on 17th December, 2025.

(Anubha Rawat Choudhary, J.) 05.12.2025 Rakesh/-