FA/199/2023
2025 Latest Caselaw 1197 UK

Uttarakhand High Court

FA/199/2023 on 21 July, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                     Office Notes, reports,
SL.                orders or proceedings or
         Date                                               COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures

      21.07.2025                                FA No.199 of 2023
                                                Hon'ble Alok Kumar Verma, J.

The proposed Appeal has been filed by the defendant no.2 under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 along with an Application under Section 5 of the Limitation Act, 1963 to condone the delay of 37 days.

2. Heard Mr. Siddhartha Singh, learned counsel for the proposed appellant and Mr. Hitesh Chandra Sanwal, learned counsel holding brief of Mr. Sagar Kothari, learned counsel for the respondent nos.1 and 2.

3. On 17.10.2024, Mr. Hitesh Chandra Sanwal, Advocate appearing for the respondent nos.1 and 2 sought four weeks' time to file objection to the Delay Condonation Application (IA No.1 of 2024).

4. Objection to the Delay Condonation Application (IA No.1 of 2024) has not been filed.

5. Learned counsel appearing for the respondent nos.1 and 2 has opposed the Delay Condonation Application (IA No.1 of 2024) orally.

6. Perused and gone through the record.

7. In the interest of justice, the Delay Condonation Application (IA No.1 of 2024) is allowed.

8. The delay is condoned.

9. As per the impugned judgment and decree dated 03.08.2023, passed by learned IInd Additional Senior Civil Judge, Dehradun, the counter claim, filed in Original Suit No.362 of 2013, has been dismissed.

10. Admit.

11. List on 07.10.2025.

(Alok Kumar Verma, J.) 21.07.2025

Pant/