SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Ved Prakash Singh, son of Shri Surendra Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 27.07.2022 passed by learned Single Judge of this Court in W.P. (C) No. 5616 of 2021 by which the writ petition has been allowed.
I.A. No. 10971 of 2022:
2. The instant appeal is admittedly barred by limitation since as per the office note dated 22.12.2022, there is delay of 110 days in preferring the appeal, therefore, an application being I.A. No. 10971 of 2022 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 110 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-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.
5. The grounds for condoning the delay in preferring the appeal, as has been mentioned in the interlocutory application is
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Madanlal v. Shyamlal [(2002) 1 SCC 535 : AIR 2002 SC 100]
Manindra Land and Building Corpn. Ltd. v. Bhutnath Banerjee [AIR 1964 SC 1336
Mata Din v. A. Narayanan [(1969) 2 SCC 770 : AIR 1970 SC 1953]
P.K.Ramachandran v. State of Kerala
Parimal v. Veena [(2011) 3 SCC 545 : (2011) 2 SCC (Civ) 1 : AIR 2011 SC 1150]
Popat and Kotecha Property v. SBI Staff Assn. [(2005) 7 SCC 510]
Postmaster General v. Living Media (India) Ltd.
Pundlik Jalam Patil v. Jalgaon Medium Project [(2008) 17 SCC 448
Rajender Singh v. Santa Singh [(1973) 2 SCC 705 : AIR 1973 SC 2537]
Ram Nath Sao @ Ram Nath Sahu & Ors. Vrs. Gobardhan Sao & Ors.
Ram Nath Sao v. Gobardhan Sao [(2002) 3 SCC 195 : AIR 2002 SC 1201
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