SA/21/2017
2026 Latest Caselaw 2954 UK

Citation : 2026 Latest Caselaw 2954 UK
Judgement Date : 10 April, 2026

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Uttarakhand High Court

SA/21/2017 on 10 April, 2026

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                                 SA No.21 of 2017
                                 Hon'ble Siddhartha Sah, J.

Heard Mr. T. A. Khan, learned Senior Counsel assisted by Ms. Sheeba Ahmed, learned counsel for the appellant and Mr. B. D. Pande, learned counsel for the respondent.

2. The present appeal has been filed with 129 days. Delay Condonation Application (CLMA No.1182 of 2017) has been filed seeking condonation of the said delay.

3. The cause for the delay has been explained in the affidavit filed in support of the delay condonation application. In the said affidavit, it has been stated that the appellant is an old lady and due to ill health she could not be able to contact her counsel who was conducting the case before the First Appellate Court. That recently on 22.11.2016, when the appellant enquired from her counsel with regard to the latest position of her case, she was told that the appeal of the respondent has been allowed and the appellant would have to prefer a second appeal before this Hon'ble Court. Financial hardship was also stated to be one of the reasons.

4. Per contra, learned counsel for the respondent has contended that the appellant is blow hot and cold at the same time and the delay condonation application does not reflect sufficient cause so as to condone the delay. However, he states that the delay may be condoned subject to imposition of appropriate cost.

5. After hearing the learned counsel for the parties, went through the delay condonation application and objection, it would be in the interest of justice that the delay condonation application be allowed as sufficient cause has been shown for condoning the delay.

6. In such view of the matter, the Delay Condonation Application (CLMA No.1182 of 2017) is allowed, the delay of 129 days in filing the appeal is hereby condoned, subject to the cost of `3,000/- to be deposited by the appellant to the High Court Bar Association, Nainital within a period of two weeks from today.

7. List this matter on 14.05.2026 for hearing on admission.

(Siddhartha Sah, J.) 10.04.2026 Akash