Himachal Pradesh High Court
State Of H.P. & Ors vs . Balraj Singh & Anr. on 14 September, 2023
Author: Virender Singh
Bench: Virender Singh
State of H.P. & ors Vs. Balraj Singh & anr.
CMP(M) No. 943 of 2023 .
14.9.2023 Present: Mr. Tejasvi Sharma, Addl. A.G. with Ms. Leena
Guleria, Dy. A.G., for the
appellants/applicants-State.
Mr. Vikrant Chandel, Advocate, for respondents No. 1 and 2/non-applicants.
The appellants have preferred the appeal, of against the judgment and decree, passed by the Court of learned District Judge, Mandi (HP) (hereinafter referred to rt as 'the First Appellate Court') in Civil Appeal No. 03/2023/2017, titled as' 'State of H.P. & others versus Balraj Singh & others', dated 20.2.2023, whereby the judgment and decree, passed by the learned Civil Judge (Junior Division), Court No. 3, District Mandi (hereinafter referred to as 'the Trial Court') in Civil Suit No.62/17/2010, dated 31.7.2017 has been affirmed/modified.
Since, the appeal has been filed after the prescribed period of limitation, as such, the present application has been moved for condonation of delay, which has been mentioned in the application, as 28 days. The application is duly supported by an affidavit of Mr. Rajesh Kaushik, Director of Agriculture, HP, Shimla.
Although, reply to the application has not been filed, but the prayer made in the application has been opposed, by the non-applicants.
However, considering the fact that before preferring the appeal, the matter had to be dealt with, at various levels, this Court is satisfied that the applicants are ::: Downloaded on - 15/09/2023 20:34:26 :::CIS able to explain the delay, in filing the appeal. Consequently, .
the delay in filing the appeal, is ordered to be condoned. The application is, thus, disposed of.
RSA No. ________ Vide order of even date, passed in CMP(M) No. 943 of 2023, delay in filing the present appeal has been of ordered to be condoned.
rt Be registered.
For consideration on admission, list on 12.10.2023.
CMPST No. 19749 of 2023Be registered.
Reply be filed on or before the next date of hearing. Till then, operation of judgment and decree dated 31.7.2017, passed by the learned trial Court in Civil Suit No. 62/17/2010, as modified by the learned First Appellate Court, vide judgment dated 20.2.2023, in Civil Appeal No. 03/2023/2017, is ordered to be stayed.
(Virender Singh) Judge September 14, 2023 (kalpana) ::: Downloaded on - 15/09/2023 20:34:26 :::CIS