Mrs. Rashmi Rekha Jha vs Shri Surendra Kishore Thakur
2025 Latest Caselaw 6803 Jhar

Jharkhand High Court

Mrs. Rashmi Rekha Jha vs Shri Surendra Kishore Thakur on 12 November, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           F.A. No. 118 of 2025
                                        -----

Mrs. Rashmi Rekha Jha ... ... ... Appellant

Versus Shri Surendra Kishore Thakur ... ... ... Respondent

-------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI

-------

For the Appellant :Ms. Pragati Prasad, Advocate For the Respondent :Mr. Ranjan Kumar Singh, Advocate

------

Order No.05/Dated 12th November, 2025

1. The report has been furnished by the learned Principal District and Sessions Judge, Bokaro, as contained in letter no. 3922 dated 07.11.2025, which is kept at Flag 'B'.

2. We have gone through the said report and, finding it satisfactory, hereby accept the same.

3. The party, in pursuance of the notice served, has appeared and is represented by Mr. Ranjan Kumar Singh, learned counsel.

4. The instant interlocutory application has been filed under Section 5 of the Limitation Act for condoning the delay of 92 days in preferring the instant appeal.

5. Learned counsel for the appellant has submitted that the delay in filing the appeal was due to inadvertence. The incomplete judgment and letter no. HCLSC/498/2025 dated 12.02.2025, directing the filing of the petition, were received on 14.02.2025. The required documents were subsequently provided, but the intervening summer vacation caused further delay. The appellant could not file the appeal within the prescribed time, and the delay was not deliberate.

6. Learned counsel appearing for the respondent has opposed the prayer for the condonation of delay in filing the instant appeal.

Page 1

7. Before considering the material referred in paragraph 5 of the instant interlocutory application, coupled with the fact that the delay will not be condoned, the appellant will suffer irreparable loss if the matter is not decided on its merits.

8. Considering the sufficient cause as has been referred in the paragraph- 5 of the interlocutory application, the delay of 92 days in preferring the instant appeal, is hereby condoned.

9. Accordingly, the instant interlocutory application, being I.A. No. 8216 of 2025, stands allowed and disposed of.

10. Admit.

11. Call for the trial court records.

(Sujit Narayan Prasad, J.)

(Arun Kumar Rai, J.)

12.11.2025 Umesh/Abhishek

Page 2