FA/113/2021
2021 Latest Caselaw 5331 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      24.12.2021                        Delay Condonation Application (No.2 of 2021)
                                        in
                                        FA No.113 of 2021
                                        Hon'ble Alok Kumar Verma, J.

Mr. Shailendra Singh Chauhan, the learned Deputy Advocate General for the State/appellants.

2. None is present on behalf of the respondent.

3. According to the report of Registry, the notice on the respondent is served personally.

4. Heard.

5. The appellants have filed the First Appeal (No.113 of 2021) against the judgment and decree dated 07.12.2016, passed by the learned Civil Judge (Sr. Div.), Pithoragarh in Civil Suit No.56 of 2015, "M/s. K.M. Engineering and Construction vs. State of Uttarakhand and others", whereby the Original Suit of the respondent herein was allowed.

6. An application for delay condonation, to condone the delay of 1143 days in filing the First Appeal, is filed by the appellants along with the first appeal.

7. The learned Deputy Advocate General submitted that an execution case has been filed by the respondent and in that execution case, the date is fixed for today.

8. Even after personal service, the respondent is not present. Even though, the respondent is served personally, it seems appropriate to issue notice to the respondent through the Executing Court.

9. Steps to be taken within three days.

10. List this case on 13.01.2022.

11. In the facts and circumstances of the case and in the interest of justice, in case, an application for adjournment is filed by the appellants, the learned Executing Court shall consider the same till the next date of listing, i.e. 13.01.2022.

12. Let a certified copy of this order be issued to the learned counsel for the appellants today itself on payment of usual charges.

(Alok Kumar Verma, J.) 24.12.2021

JKJ/Neha