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High Court of Jharkhand · body

2025 DAILYLAW 7723 (JHR)

GAYATRI DEVI v. SAVITRI DEVI

C.M.P./171/2020 · 2025-03-28

Sri Ananda Sen

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No.171 of 2020 ----- Gayatri Devi and Others … Petitioner(s). Versus Savitri Devi and Others … Opposite Party(s). CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ayush Aditya, Advocate For the Opp. Party(s) : Mr. V. K. Sharma, Advocate …...... 05 /28.03.2025: Learned counsel for the petitioners is permitted to make necessary correction in the cause title pursuant to the order dated 17.01.2025 passed in the application to substitute. I.A. No. 1826 of 2022 2. This interlocutory application has been filed by the petitioners praying therein to condone delay of 139 days in preferring this petition. 3. Notices have been validly served. Some of the opposite parties have appeared i.e. O.P. Nos. 4, 9 and 11. 4. I have heard the learned counsel for the parties on the point of limitation and considering the statements made in paragraph nos. 5, 6 & 7 of the interlocutory application, I am satisfied that sufficient cause has been shown for condoning the delay caused in preferring this petition. I am inclined to allow this interlocutory application. Delay of 139 days in preferring this petition is condoned. 5. This interlocutory application stands allowed. C.M.P. No. 171 of 2020 6. After hearing the parties, I find that this is an application for restoration of S.A. No. 23 of 2018 to its original file, which was dismissed for non-compliance of the peremptory order. 7. Mr. Ayush Aditya, learned counsel for the petitioners begs apology for inconvenience caused to the Hon’ble Court and submits that no sooner the Second Appeal is restored, he will remove the defect(s) within two weeks. 8. Considering his submissions, this CMP is allowed. Consequently, S.A. No. 23 of 2018 is restored to its original file subject to condition that the defect(s) pointed out by the Registry must be removed within a period of two weeks, failing which, this order of restoration will not be given effect to. 9. After restoration, S.A. No. 23 of 2018 be listed before an appropriate Bench. (ANANDA SEN, J.) Tanuj/