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2023 Supreme(Jhk) 756

SUJIT NARAYAN PRASAD, SUBHASH CHAND
Sarita Kumari, wife of Prabhat Kumar – Appellant
Versus
Omkar Ram, son of Sri Ram Bachan Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nitish Krishna, Advocate
For the Respondent: Mrs. Priti Priyamyada, AC to GP-V

JUDGMENT :

Sujit Narayan Prasad, J.

The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 05.09.2017 passed by learned Single Judge of this Court in W.P. (S) No.2615 of 2017, by which, the writ petition has been allowed directing the respondents to release all consequential benefits to the writ petitioner within a period of eight weeks from the date of receipt/production of a copy of this order.

I.A. No. 369 of 2020

2. The instant appeal is admittedly barred by limitation since there is delay of 826 days in preferring the appeal, therefore, an application being I.A. No. 369 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 826 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 appellant 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

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