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2025 Supreme(Chh) 512

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Hemu Sahu @ Munshi, S/o. Late Kartik Sahu – Appellant
Versus
Ranu Sahu, W/o. Late Resham Lal Sahu – Respondent


Advocates Appeared:
For the Applicant :Mr. Vikram Pratap, Advocate
For the Respondents:Mr. Ajay Kumar Chandra, Advocate

Judgment :

Rajani Dubey, J.

1. Heard on I.A.No.02/2024, for condonation of delay in filing the appeal.

2. Learned counsel for plaintiffs/respondents strongly objected this application and submits that no sufficient cause has been shown by the defendant/applicant. Hence, the same is liable to be dismissed.

3. As per I.A.No.02/2024, the defendant/appellant was not aware about the passing of judgment dated 29.06.2024 and he got the certified copy of the judgment after long delay and thereafter he filed this appeal. The defendant/appellant resides in rural area and did not have the basic minimum qualification and his local counsel did not make him aware about the judgment in the case. So he filed this appeal after 443 days. The application is supported by the affidavit of defendant/appellant.

4. Thus, looking to the facts and circumstances of the case and for the reasons assigned in the application, the same is allowed. Delay of 443 days in filing the appeal stands condoned.

5. Heard on admission.

6. The present appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the appellant/defendant against the judgment and decree dated 25.02.2023 passed by the Judge, Family C

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