SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Anil Kumar Sarkar S/o Late Bandhu Mandal – Respondent
JUDGMENT :
Per Sujit Narayan Prasad, J.
The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 10.01.2022 passed by learned Single Judge of this Court in W.P. (S) No. 2594 of 2018 by which the writ petition has been allowed.
I.A. No. 10216 of 2022:
2. The instant appeal is admittedly barred by limitation since as per the stamp report dated 30.01.2023, there is delay of 198 days in preferring the appeal, therefore, an application being I.A. No. 10216 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 filed after inordinate delay of 198 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 applicati
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