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2025 DAILYLAW 1436 (MEG)

MD. SEKENDER ALI AND 2 ORS. v. MUSST. JOHORA BEWA

CRP/32/2024 · 2025-11-26

Soumen Sen

body2025

Judgment text

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HIGH COURT OF MEGHALAYA AT SHILLONG CRP No. 32 of 2024 Date of order: 26.11.2025 1. Shri Md. Sekender Ali 2. Shri Salu Mia 3. Shri Fulu Mia Sk. …Petitioners - versus - Musst. Johora Bewa …Respondent Coram: Hon’ble Mr. Justice Soumen Sen, Chief Justice Appearance: For the Petitioner : Mr A.S. Siddique, Sr Adv. with Mr D. Hynniewta, Adv. Ms A. Kharmyndai, Adv. For the Respondents : Mr P.R. Paske, Adv. i) Whether approved for Yes/No reporting in Law journals etc.: ii) Whether approved for publication Yes/No in press: JUDGMENT: (Oral) This revision application is arising out of an order dated 22.11.2024 in connection with miscellaneous case filed by the petitioners/plaintiffs for condonation of delay in preferring the appeal. 2. It appears that in the application for condonation of delay instead of 104 days it was mentioned as 28 days. Thereafter, the petition for Serial No. 01 Regular List 2025:MLHC:1140 condonation of delay as prayed for was allowed by the learned Additional Deputy Commissioner (J) in Misc. Case No. 01/2021. This order was challenged by the respondent in a civil revision. 3. The appeal appears to have been kept pending in view of the pendency of the civil revision. However, it appears that the appeal was dismissed due to non-appearance of the learned counsel for the petitioners. 4. In view of the order dated 16.03.2022, in my opinion, the trial court ought to have restored the appeal and the pending application as the civil revision was ultimately disposed of on 15.05.2023. It appears that the order dated 16.03.2022 has caused confusion for the non-appearance of the petitioner in the appeal. On such consideration, the order dated 22.11.2024 is set aside. The application shall be restored to the original file. 5. In view of the above, this petition stands disposed of. (Soumen Sen) Chief Justice 2025:MLHC:1140 Digitally signed by SYLVANA LIZ KHARBHIH Date: 2025.11.27 17:09:49 IST