Abhimanyu Das vs Krushna Das And Others
2025 Latest Caselaw 6784 Ori

Orissa High Court

Abhimanyu Das vs Krushna Das And Others on 7 April, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            RSA No. 453 of 2024
            Abhimanyu Das                ....                Appellant
                                                    Represented by
                                                Mr. L. Samantaray,
                                                          Advocate


                                            -Versus -

            Krushna Das and Others                 ....               Respondents

Represented by

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 07.04.2025

I.A. No. 1388 of 2024 Order No. 1. This matter is taken up through hybrid mode.

2.

2. This is an application for condonation of delay in filing of the appeal.

3. Office has pointed out 189 days as the period of delay. It is stated that after pronouncement of the judgment by the lower appellate Court, the appellant contacted his lawyer, collected the certified copies of the trial court judgment as well as the lower appellate Court judgment and other related documents. He thereafter proceeded to Cuttack and handed over the file to the conducting counsel. Further, he being an old man aged about 70 years and suffering from several ailments, could not take the necessary steps with promptitude. As such, there has been delay, which is neither willful nor deliberate.

4. Mr. S.K. Pradhan, learned counsel appearing for the respondent No.1 opposes the prayer for codonation of delay on the ground that the explanation submitted by the appellant is not believable.

5. Considering the submissions and on going through the petition, this Court is of the view that sufficient reasons have been cited by the appellant to explain the delay. The delay is therefore condoned subject to the condition that the appellant shall donate a book on any legal topic of his choice to the Orissa High Court Bar Association Library within a week and file a receipt before this Court.

6. The I.A. is disposed of.

(Sashikanta Mishra) Judge

Order No.

1. Mr. S.K. Pradhan has entered appearance for respondent No.1,

2. though notice is sufficient on respondent Nos. 2 and 3. There is no appearance.

2. List this matter in the week commencing 29th April, 2025 for admission.

(Sashikanta Mishra) Judge B.C. Tudu

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 08-Apr-2025 20:01:07