2025:JHHC:38435 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI S.A. No. 55 of 2024 1. The State of Jharkhand represented through the Deputy Commissioner, Palamau, at & P.O. – Daltonganj, P.S. P.S. – Daltonganj, District – Palamau 2. The District Education Officer (DEO), Palamu, at & P.O. – Daltonganj P.S. – Daltonganj District – Palamau 3. The Head Master, High School, Chhattarpur, at Chhattarpur, P.O. + P.S. – Chhattarpur, District - Palamau … … Defendants/Appellants/Appellants Versus 1. Nandu Ram, son of late Dineshwar Ram @ Dineshar Ram, resident of village – Masihani, P.O. + P.S. – Chhattarpur, District – Palamau 2. Sukesh Ram, son of late Dineshwar Ram @ Dineshar Ram, Resident of village – Masihani, P.O. + P.S. – Chhattarpur, District – Palamau 3. Smt. Manmati Devi, wife of Sukul Ram, daughter of Late Dineshwar Ram, resident of village – Majhiaon Khurd, P.O. + P.S. – Majhiaon, District – Garhwa, Jharkhand 4. Rajmati Devi, wife of Mahendra Ram, resident of village – Pachmo, P.O. – Pachmo, P.S. – Hariharganj, District – Palamau, Jharkhand … … Plaintiffs/Respondents/Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Appellants : Mr. Sanjay Kumar Tiwari, SC I For the Respondents : --- 05/20.12.2025 This Second appeal has been filed against the judgement dated 30.01.2016 and decree dated 17.02.2016 passed by learned District Judge IV, Palamu at Daltonganj, in Title Appeal No.40 of 2012 confirming the judgement dated 29.06.2012 (decree signed on 10.07.2012) passed by learned Civil Judge (Junior Division No.I) Palamau at Daltonganj in Title Suit No.122 of 2006. The suit was decreed and the appeal was dismissed by concurrent findings recorded by both the courts. I.A. No.5067 of 2024. 2. This interlocutory application has been filed by the State to condone the delay of 2927 days in filing the Second appeal 2025:JHHC:38435 2 3. Admittedly, the limitation period to file the Second Appeal expired on 30.04.2016 and the Appeal has been filed on 08.05.2024. 4. The grounds for condonation of delay as pointed out by the learned counsel for the appellants are mentioned in paragraphs 8 to 10, which are quoted as under: “8. That the decree passed in Title Appeal No.40/2012 sealed and signed on 17/02/2016 and due to bonafide mistake and communication gap the Second Appeal could not be filed within stipulated time. 9. That owing to the communication gap, between the pairvikar (In Charge – Headmaster who was pursuing the case before the Ld. Trial and First Appellate Courts) and the concerned departments. It is noteworthy that the School in question had been functioning with the strength of one teacher only and the person who was officiating as headmaster at the time has retired. 10. That the name of the Appellant – School is already incorporated in the Purcha entry of the present survey. But after getting summons received on 01.02.2023 of the Execution Case No.3/2022 arising out of Title Suit No.122/2006, the Appellants-Petitioners contacted the concerned authority and the Office of the Learned Advocate General, Jharkhand vide Letter dated 01.04.2024 issued by the Office of the Deputy Commissioner, Palamau.” 5. This Court finds that there is enormous and unexplained delay in filing the Second Appeal and no basic details have been mentioned as to when the In-charge Headmaster retired and further even on their own showing, the appellants received the summons on 01.02.2023 in the execution proceedings and the next date mentioned in the explanation is the letter issued by Deputy Commissioner to the Advocate General on 01.04.2024. Even the period from 01.04.2023 to 01.04.2024 is not properly explained, rather there is no explanation for the delay. 2025:JHHC:38435 3 6. This Court is not at all satisfied with the petition seeking condonation of delay in filing the Second Appeal and accordingly I.A. No. 5067 of 2024 seeking condonation of delay is hereby dismissed. 7. Consequently, this Second Appeal is also dismissed. 8. Pending interlocutory application, if any, is dismissed as not pressed. 9. Let this order be communicated to the concerned court through FAX/e-mail. (Anubha Rawat Choudhary, J.) 20.12.2025 Saurav/ Uploaded on: 23.12.2025