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Patna High Court - Orders

Ram Laxman Janaki Jee Deity Th vs The State Of Bihar And Ors. on 5 February, 2019

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Second Appeal No.553 of 2010
                 ======================================================
                 RAM LAXMAN JANAKI JEE DEITY TH

                                                                      ... ... Appellant/s
                                                    Versus
                 THE STATE OF BIHAR and ORS.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Kamala Kant Tiwary
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                                       ORAL ORDER

6   05-02-2019

Heard both sides.

I.A. No. 5938 of 2012 is filed on behalf of the appellant for condoning the delay in filing this Second Appeal beyond the period of limitation.

The learned counsel for the appellant submits that S.A. No. 553 of 2010, present appeal, and S.A. No. 554 of 2010 have been filed against judgement and decree passed in Title Appeal Nos. 9 of 1987 and 6 of 1987 respectively. Both the Title Appeals were disposed of on 15.05.2010 by a common judgement and decree was prepared separately in both Title Appeals. The appellants filed this appeal without certified copy of the judgement but the certified copy of the same has been filed in Title Appeal No. 554 of 2010 and some delay is caused in filing certified copy of the judgement and decree in present appeal.

Patna High Court SA No.553 of 2010(6) dt.05-02-2019 2/2 Having considered the facts aforesaid, the delay is condoned and I.A. No. 5938 of 2012 is allowed.

List this appeal along with S.A. No. 554 of 2010 under appropriate heading on 30.04.2019.

(Prabhat Kumar Jha, J) BKS/-

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