State Of H.P. & Ors vs . Balraj Singh & Anr.
2023 Latest Caselaw 13594 HP

State of H.P. & ors Vs. Balraj Singh & anr.

CMP(M) No. 943 of 2023

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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,

against the judgment and decree, passed by the Court of

learned District Judge, Mandi (HP) (hereinafter referred to

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

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

ordered to be condoned.

r Be registered.

For consideration on admission, list on

12.10.2023.

CMPST No. 19749 of 2023

Be 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)