1.Central Coal field Limited, Darbhanga House Ranchi through ChairmancumManaging Director, P.O. and P.S. Ranchi, DistrictRanchi. 2.The General Manager, C.C. Ltd. (KTA) Kathara Area, P.O. Kathara, P.S.Bokaro Thermal, DistrictBokaro. 3.The Project Officer, Kathara Area, C.C Ltd., P.O.Kathara, P.S.Bokaro Thermal, DistrictBokaro 4.The Area Finance Officer, Kathara Area, C.C Ltd., P.O. Kathara, P.S.Bokaro Thermal, DistrictBokaro ... ... Defendants/Respondents CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD For the Petitioners : Mr. Lukesh Kumar, Advocate Mr. Faiyaz Alam, Advocate Ms. Aarti Kumari, Advocate For the Respondents : Mr. Amit Kumar Sinha, Advocate th Order No. 04 : Dated 9 February, 2024 1. In the instant case, the petitioner has prayed for quashing order dated 12.04.2023 passed by learned Principal District Judge, Bokaro in Civil Appeal No. 09 of 2021 whereby and whereunder the appeal has been entertained after condoning the delay of 1250 days in filing the said appeal. 2. Brief facts of the case, as per the pleading made in the plaint, is that plaintiff/petitioner filed Title Suit No. 19 of 2011 against the defendants/respondents praying therein for declaration that the grandfather of the plaintiff has acquired permanent right and title over the suit land and the plaintiff 2 be put in khas possession over the suit land through the process of Court. The learned SubJudgeII, Bermo at Tenughat after considering the material available on record as well as the provision of law decreed the suit in terms of judgment and decree dated 23.09.2017, against which, the appellantsrespondents field Civil Appeal No 09 of 2021 on 01.03.2021 and also filed an application for condonation of delay under Order XLI Rule 3A of the Code of Civil Procedure. The learned Principal District Judge, Bokaro, after hearing learned counsel for the parties, allowed the petition filed by the appellants [respondents herein] under order XLI Rule 3A read with Section 151 CPC for condonation of delay of 1250 days in filing the appeal vide order dated 12.04.2023, against which, the petitioner has filed the present petition. 3. It is evident from the pleading available on record that the petitioner herein has filed a suit for declaration of right and title over the property as described in Schedule A of the plaint being Title Suit No. 19 of 2011. The said suit culminated into decree passed in favour of the plaintiff, who is petitioner herein. Thereafter, the plaintiff filed an Execution Case for the execution of the said decree registered as Execution Case No. 01 of 2021. The Execution case proceeded and at the stage when summons were issued and on receipt of the said summon the respondents herein [CCL] has chosen to file the appeal before the competent court of 3 civil jurisdiction, having the power to exercise appellate jurisdiction, being Civil Appeal No. 09 of 2021. But the said appeal since was barred by limitation, hence along with the appeal an application under order XLI Rule 3A read with Section 151 CPC for condonation of delay of 1250 days in filing the appeal was also filed, which has been appended as Annexure 2 to the paper book. 4. In the said delay condonation application ground inter alia has been taken that the said case was being pursued by one S.K. Nag, legal Inspector, Kathara Area, CCL but since he met with an accident and remained confined in bed for long period of time and subsequently he was superannuated from service sometimes in the year 2020, hence the CCL was having no communication from him due to the reason beyond the control of said S.K. Nag. Therefore, the appeal could not be filed within time. The ground has also been taken of prevalence of „Covid19‟ pandemic. 5. Rejoinder to the said application was filed by the respondent [petitioner herein] by taking the stand that the aforesaid ground cannot be accepted to condone the delay in filing the delay, since Mr. S.K. Nag, who is said to be legal Inspector, Kathara Area, CCL was the internal arrangement of Central Coalfields Limited, who was nowher