Amar Sahu & Anr vs Rash Bihari Ganjhu ... Opposite Party
2026 Latest Caselaw 2201 Jhar

Jharkhand High Court

Amar Sahu & Anr vs Rash Bihari Ganjhu ... Opposite Party on 20 March, 2026

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI

                       C.M.P. No. 576 of 2025
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        Amar Sahu & Anr.                      ...              Petitioners
                                       Versus
       Rash Bihari Ganjhu                     ...        Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. S.B. Gupta, Advocate For the Opp. Party : Mr. Naveen Kr. Ganjhu, Advocate

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Order No.03 Dated- 20.03.2026 I.A. No.7427 of 2025 Heard the parties.

This interlocutory application has been filed with the prayer to condone the delay of 207 days in filing this civil miscellaneous petition.

It is submitted by the learned counsel for the petitioners that S.A. No. 288 of 2023 was listed under the heading Order with defect on 04.10.2024 but due to inadvertence on the part of the Advocate's Clerk, the cause list could not be marked hence, no one appeared, when the appeal was called out for hearing, resulting in dismissal of the said appeal but the petitioner-appellant who was not aware about the dismissal of S.A. No. 288 of 2023 and was under the erroneous impression that the same is still pending. It is then submitted that only on 13.01.2025 the petitioner-appellant could know about the dismissal of S.A. No. 288 of 2023, because of non-compliance of peremptory order, after the dismissal memo was served to the learned counsel for the petitioner-appellant but by that time the delay had already occurred, hence, the same resulted in delay in filing this civil miscellaneous petition. It is further submitted that the petitioners have very good grounds to agitate in C.M.P. No. 576 of 2025 and unless the delay in filing this civil miscellaneous petition is condoned, the petitioners will be highly prejudiced.

Learned counsel for the opposite party submits that the petitioners are deliberately dragging the litigation as there is no merit in this civil miscellaneous petition. It is lastly submitted that in case, the delay is condoned, the opposite party be adequately compensated with costs.

Considering the facts and circumstances of this case, the delay of 207 days in filing this instant civil miscellaneous petition is condoned subject to payment of costs of Rs.5,000/- by the petitioners to the opposite party through the counsel appearing in the record, within a week, failing which, this conditional order shall not be given effect to and this civil miscellaneous petition shall stand dismissed being barred by limitation.

In case, the petitioners file the proof of payment of costs of Rs.5,000/- by the petitioners to the opposite party through the counsel appearing in the record, within a week, list C.M.P. No. 576 of 2025 under the appropriate heading after a week before the appropriate Bench.

(Anil Kumar Choudhary, J.) 20.03.2026 Gunjan-