SUJIT NARAYAN PRASAD, SUBHASH CHAND
State of Jharkhand – Appellant
Versus
Kundan Kandil @ Kundan Kandir S/o Late Sagar Kandil – Respondent
ORDER :
1. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 03.09.2019 passed by learned Single Judge of this Court in W.P. (S) No. 1312 of 2018 by which the writ petition has been allowed.
I.A. No. 1729 of 2020
2. The instant appeal is admittedly barred by limitation since there is delay of 156 days in preferring the appeal, therefore, an application being I.A. No. 1729 of 2020 has been filed for condoning such delay.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 156 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit
4. Learned counsel for the applicant-petitioner has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient.
5. The grounds for condoning the delay in preferring the appeal, as has been mentioned in the interlocutory application at paragraph 4 is that some time was taken in getting the certified co
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