IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE ANIL VERMA

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ON THE 16 OF DECEMBER, 2025 WRIT APPEAL No. 3545 of 2025 AKANT KUMAR JAIN Versus SMT KIRAN JAIN Appearance:

Shri S.K. Shrivastava-Advocate for petitioner.

Shri Vibhor Kumar Sahu - Advocate for respondents.

ORDER Per: Justice Anand Pathak

1. Heard on I.A. No.15142/2025, an application under Section 5 of Limitation Act.

2. As per the office report, this appeal is barred by 771 days.

3. Counsel for appellant informs this Court that earlier Review Petition was preferred taking exception to order dated 31/07/2023 passed in MP No.3080/2023 on 31/01/2024. That Review Petition (RP No.115/2024) got decided on 2/12/2025. Thereafter, this appeal is preferred. Interregnum period is treated as period of delay; whereas, appellant was pursuing the proceedings in bona fide manner before the competent Court of law. Therefore, delay is to be seen from that perspectives and be condoned in the interest of justice. Although delay caused but appellant pursuing litigation bonafidely.

4. Counsel for respondent opposed the prayer and prays for dismissal of the application.

5. Considering the su