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2025 DAILYLAW 28505 (JHR)

DR DHRUV ALOK v. MEERA KUMARI

C.M.P./14/2025 · 2025-04-29

Rajesh Kumar, Sujit Narayan Prasad

body2025

Judgment text

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2025:JHHC:12722-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No. 14 of 2025 --------------- Dr. Dhruv Alok, aged about 42 years, son of Dr. Sitaram Akinchan, Resident of Kusum Vihar, Road No.4/B, Morabadi, PO & PS-Bariatu, District-Ranchi ........Petitioner Versus Meera Kumari, aged about 38 years, wife of Dr. Dhruv Alok, Daughter of Krishna Prasad, Resident of Kusum Vihar, Road No.4/B, Morabadi, PO & PS-Bariatu, District-Ranchi and resident of Mohalla-Thana Road, Lohardaga, PO, PS & District-Lohardaga, Jharkhand ………..Respondent/Opposite Party CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Peeyush Krishna Choudhary, Advocate For the Resp./OP : ………… --------------- Order No.04 /Dated:29th April, 2025 I.A No.13358 of 2024 1. The present interlocutory application has been filed under section 5 of the Limitation Act, 1963 for condonation of delay of 67 days in preferring C.M.P No.14 of 2025. 2. This Court, after going through the instant interlocutory application and the reason which has been explained in the said application for condonation of delay being I.A No.13358 of 2024, is of the view that the instant interlocutory application is to be allowed, accordingly, allowed. 3. Consequently, the delay of 67 days in filing C.M.P No.14 of 2025 is hereby condoned. C.M.P No. 14 of 2025 4. The instant civil miscellaneous petition has been filed for restoration of F.A No. 84 of 2023, which stood dismissed on 23.07.2024 for non- compliance of the peremptory order dated 16.07.2024. 5. After going through the record, this Court has found that F.A. No.84 of 2023 was dismissed due to non-compliance of the peremptory order dated 16.07.2024, meaning thereby, the appeal was dismissed without being listed under the appropriate heading for hearing of the issue on merit. 2025:JHHC:12722-DB 2 6. This Court, after having heard the learned counsel for the petitioner, considering the submission advanced on his behalf and the reason assigned in the instant civil miscellaneous petition, deems it fit and proper to restore F.A No.84 of 2023, which stood dismissed on 23.07.2024 for non- compliance of the peremptory order dated 16.07.2024, to its original file. 7. In view thereof, C.M.P No.14 of 2025 stands allowed and F.A. No.84 of 2023 is restored to its original file. 8. Accordingly, the instant Civil Miscellaneous Petition stands disposed of. (Sujit Narayan Prasad, J.) (Rajesh Kumar, J.) Sudhir