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2025 DIGILAW 441 (JHR)

Dhanraj Mandal, S/o Late Tuli Mandal v. Dayal Mandal, S/o Late Parmeshwar Mandal

2025-02-14

ANUBHA RAWAT CHOUDHARY

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JUDGMENT : Anubha Rawat Choudhary, J. 1. Learned counsel for the parties are present. 2. Learned counsel for the petitioners submits that the matter arises out of dismissal of Second Appeal No. 476 of 2018 which stood dismissed for default on 02.11.2021 for non-compliance of order dated 26.11.2020. I.A. No. 6226 of 2024 3. The learned counsel for the petitioners submits that this interlocutory application has been filed for condonation of delay of 668 days in filing this Civil Miscellaneous Application. The learned counsel submits that one of the reasons cited in petition for condonation of delay is that the second appeal was dismissed during COVID-19 pandemic and thereafter the petitioners took some time to obtain certified copy etc. and then file the application. 4. Learned counsel for the opposite party has opposed the prayer and has submitted that day to day delay has not been explained. 5. After hearing the learned counsel for the parties, considering the facts and circumstances of this case and upon being satisfied with the cause shown, I.A. No. 6226 of 2024 seeking condonation of delay is hereby allowed. CMP No. 298 of 2024 6. With the consent of the parties, the main CMP is also taken up for consideration. 7. Learned counsel for the petitioners has submitted that S.A. No. 476 of 2018 was dismissed on account of non-removal of defects in terms of order dated 26.11.2020. He submits that the appellants could not obtain the certified copy in order to remove the defect cited by the stamp reporter. He has submitted that as of now he has received the certified copy. 8. Considering the aforesaid submission, the present petition is allowed and S.A. No. 476 of 2018 is restored to its original file. 9. The second appeal fall in the roster of this Bench as informed by the learned Court Master. Post S.A. No. 476 of 2018 on 27.02.2025 under appropriate heading. 10. In the meantime, the appellants will be at liberty to remove the surviving defects in the second appeal.