AJIJUR RAHMAN ALIAS AZIZUR RAHMAN v. MAJUDDIN SHAIKH
C.M.P./349/2021 · 2025-01-27
Sanjay Kumar Dwivedi
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 25143 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25143 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
--1-- C.M.P. No. 349 of 2021
IN THE HIGH COURT OF JHARKHAND, RANCHI
C.M.P. No. 349 of 2021
---- Ajijur Rahman @ Azizur Rahman aged about 50 years son of late Faizur Rahman resident of village – Makdampur, PO – Makdampur, PS – Maheshpur, District – Pakur, Jharkhand .... Petitioner -- Versus --
1. Majuddin Shaikh, son of Late Nafur Shaikh
2. Allarakha Dewan son of Late Mustafa Dewan
3. Khuda Rakha Dewan son of Late Mustafa Dewan
4. Nasim Dewan son of Late Mustafa Dewan All are resident of village – Makdampur, PO – Makdampur, PS – Maheshpur, District – Pakur, Jharkhand .... Opposite Parties
----
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner
:- Mr. Farooque Ansari, Advocate
For the O.P. Nos.1 to 4 :- Mr. Om Prakash, Advocate
---- 06/27.01.2025 Heard learned counsel appearing for the petitioner and
learned counsel appearing for the opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 18.03.2021 passed by learned Principal District Judge, Pakur in Civil Appeal No.9/2020 whereby the learned Court has been pleased to condone the delay of 2 years and 8 months.
3.
Learned counsel appearing for the petitioner submits that without notice the said order has been passed.
4.
Learned counsel appearing for the opposite parties submits that the appeal is already proceeded and it is fixed for final argument.
--2-- C.M.P. No. 349 of 2021
5. In the impugned order, the learned Court has found that out of 2 years and 8 months, 216 days delay was caused due to pandemic of Covid-19. The statutory period of limitation was condoned by Hon’ble the Supreme Court as well as by High Courts due to pandemic of Covid-19.
6. The learned Court has rightly passed the said order. Further the appeal is already proceeded and it is fixed for final argument. The Court finds that the learned Court has given the cogent reason of condoning the delay.
7. No case of interference is made out, as such this petition is dismissed.
(Sanjay Kumar Dwivedi, J.) Sangam/