CMP.M/996/2019
2021 Latest Caselaw 2129 HP

CMP(M) No. 996 of 2019

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16.03.2021 Present: Mr. Naveen K. Bhardwaj, Advocate for the applicant.

Ms. Narvada, Advocate vice Mr. Surender Saklani, Advocate, for the respondent.

CMP(M) No. 996 of 2019

Despite availing opportunities since November, 2019 for

filing reply, no reply has been filed till date. However, prayer for

condonation of delay has been opposed on the ground that day to day

delay has not been explained.

It is submitted on behalf of applicant that impugned ex-

parte judgment was passed on 13.12.2018 and date of decision of

appeal was not in the knowledge of applicant and applicant after

coming to know about passing of impugned judgment and decree had

applied for copy of judgment on 21.5.2019 which was completed and

delivered on the same day and immediately thereafter, the applicant has

approached this Court on 26.5.2019 without any further delay and

during this period, 58 days delay has been caused in filing the appeal,

which is neither intentional nor willful.

Considering the entire facts and circumstances, I am of

the considered view that it is a fit case for condonation of delay in

filing the appeal and accordingly, the delay in filing the appeal is

condoned. Appeal be registered.

Application stands disposed of.

RSA No. of 2021 (RSAST No. 9107 of 2019) Notice. Ms. Narvada, Advocate, under instructions of

learned original counsel Mr. Surinder Saklani, Advocate, appears and

.

waives service of notice on behalf of respondent.

As prayed, list for consideration after four weeks.

CMP No. of 2021 (CMPST No. 9110 of 2019)

Subject to deposit of entire decreetal amount along with

up-to-date interest in the Registry of this Court within six weeks from

today, execution and operation of impugned judgment dated

13.12.2018 passed in Civil Appeal No. 22/XIII/2015 by District Judge

Kangra at Dharamshala shall remain stayed during pendency of appeal.

Alteration, modification and vacation on motion.

Application stands disposed of. Dasti copy on usual

terms.

    March 16, 2021                                (Vivek Singh Thakur)
    (ms)                                                   Judge