SA/150/2019
2022 Latest Caselaw 3538 UK

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                                      SA No.150 of 2019
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Pankaj Kumar, Advocate for the appellant.

Mr. Sandeep Kothari, Advocate for the respondents.

This second appeal was decided by this Court alongwith other connected Second Appeals by the judgment dated 18.10.2019, whereby while remitting the matter back to the First Appellate Court, to decide the appeals afresh, within the period of nine months, second appeals were accordingly disposed of.

On a non compliance to decide the aforesaid matter, within the prescribed period by the judgment of 18.10.2019, an administrative application was earlier submitted by the Judicial Officer i.e. Vth Aditional District Judge, Dehradun; seeking an extension of time to comply with the directions given in the judgment of 18.10.2019, then considering the grounds taken in the application submitted on an administrative side, the time was extended by a further period of six months to decide the First Appeals by the order of 14.03.2022.

Today, the matter is listed on a subsequent Time Extension Application, preferred on an administrative side by the Court of VIth Additional District Judge, as the matter could not be decided within the extended time period as provided by this Court, by an order dated 14.03.2022 and the reasons which has been given therein in the application submitted on 22.09.2022, is that apart from the fact that the proceedings were affected by the Covid-19 pandemic; but the appeals could not be disposed of because one of the respondents in Civil Appeal No.27 of 2010 Mr. Jitendra Prasad Nautiyal has unfortunately met with the sad demise and the substitution was not carried by the parties. The ground taken in para 3 of the application seems to be quite genuine, because the Court was rendered incapacitated to proceed further in the absence of the substitution being carried.

The respective counsels appearing today, while this extension application is being considered, ensures that whosoever is responsible to carry out the necessary substitution will file an appropriate application within a period of two months from today, if not already filed and the court would consider the substitution application and decide the same within a period of one month thereafter, on the date of its filing and as soon as the substitution is decided, the first appeals would be consider and decided within the further extended period by today's order i.e. within six months.

Subject to the aforesaid, the Time Extension Application dated 22.09.2022 would stand disposed of.

(Sharad Kumar Sharma, J.) 07.11.2022 Arti