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Uttarakhand High Court
FA/153/2025 on 16 February, 2026
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orders or proceedings
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16.02.2026 FA No.153 of 2025
Hon'ble Siddhartha Sah, J.
Mr. Davesh Bishnoi, learned counsel for the
appellant through V.C.
2. Mr. Deepak Bhatt, learned counsel for the
respondents.
3. The present first appeal has been preferred
against the judgment and order dated 31.07.2024 and
decree dated 31.07.2024, as corrected vide order
dated 30.07.2025, passed by the Civil Judge, Senior
Division, Kashipur, District Udham Singh Nagar, in
Misc. Case No. 07 of 2025 in Civil Suit No. 16 of
2016.
4. Since there is a delay of 293 days in preferring
the first appeal, it is accompanied by a delay
condonation application (IA No. 1 of 2025) seeking
to condone the delay of 293 days.
5. Learned counsel for the appellant has
contended that due to a mistake in the decree dated
31.07.2024, the valuation of the suit property has
been mentioned as Rs. 4,65,000/- instead of the
actual valuation of Rs. 46,50,000/-, and due to that,
the first appeal was filed before the Addl. District
Judge, Kashipur, District Udham Singh Nagar on
26.10.2024. The said first appeal was filed with delay
and, as such, the same was registered as Civil Misc.
Case No. 26 of 2024. The matter was heard and
notices were issued to the private opposite party on
24.01.2025. After hearing the private opposite party,
the delay in filing the first appeal was condoned at a
cost of Rs. 1,500/-. Thereafter, having known the
discrepancy, it became clear that at such suit
valuation, the first appeal would lie before this Court.
As such, the aforesaid First Appeal No. 6 of 2025
was liable to be withdrawn with liberty to file afresh
before the appropriate court of jurisdiction. Soon
thereafter, the appellant filed an application under
Section 151 of CPC before the First Addl. District
Judge, Kashipur, Udham Singh Nagar for withdrawal
of the aforesaid first appeal. The First Addl. District
Judge, Kashipur, Udham Singh Nagar allowed the
application under Section 151 of CPC for withdrawal
of First Appeal No. 6 of 2025 vide order dated
07.07.2025. Liberty was also granted to file the first
appeal afresh before the court of competent
jurisdiction.
6. Accordingly, an application under Sections
152 read with Section 153 of CPC was moved for
correction of the suit valuation in the impugned
judgment and order dated 31.07.2024 before the
Civil Judge (SD), Kashipur, District Udham Singh
Nagar. The application was registered as Misc. Case
No. 07 of 2025 and was allowed vide order dated
30.07.2025. As such, the present first appeal has now
been filed against the judgment and order dated
31.07.2024 and decree dated 31.07.2024, passed by
the Civil Judge, Senior Division, Kashipur, District
Udham Singh Nagar, in Civil Suit No. 16 of 2016.
7. The appellant, thereafter, applied for a
certified copy of the order dated 07.07.2025 allowing
withdrawal of the first appeal on 18.07.2025. It was
prepared on 22.07.2025 and was received by the
counsel for the appellant in the lower appellate court
on 23.07.2025. The appellant also applied for a
certified copy of the order dated 30.07.2025 passed
by the Civil Judge, Senior Division, Kashipur,
District Udham Singh Nagar, in Misc. Case No. 07 of
2025 correcting the suit valuation in the impugned
judgment and order dated 31.07.2024 and decree
dated 31.07.2024 on 04.08.2025, and the same was
received by the counsel for the appellant in the trial
court on 06.08.2025. The copy of the judgment and
decree dated 31.07.2024 was prepared on 27.08.2024
and was received by the appellant's counsel on
31.08.2024.
8. The aforesaid first appeal, which was filed
before the First Addl. District Judge, Kashipur,
District Udham Singh Nagar and was registered as
Civil Appeal No. 06 of 2025, was withdrawn due to
an inadvertent error in mentioning the suit valuation,
and corrections have since been incorporated. The
copies of the impugned judgment and order dated
31.07.2024 and decree dated 31.07.2024, along with
the correction order dated 30.07.2025 and order
dated 07.07.2025 for withdrawal of the earlier
appeal, were received on 06.08.2025 and 23.07.2025
respectively. As such, a delay has been caused in
preferring the first appeal before this Court. The
limitation for filing the first appeal against the
judgment and order dated 31.07.2024 and decree
dated 31.07.2024 is 60 days, which had expired
earlier. However, the delay was condoned by the
First Addl. District Judge, Kashipur, Udham Singh
Nagar at a cost of Rs. 1,500/- vide order dated
24.01.2025.
9. In view of the aforesaid facts and
circumstances, the delay of 293 days in filing the
appeal be condoned.
10. Per contra, learned counsel for the respondent
contends that the valuation was within the knowledge
of the appellant from the very beginning and that the
suit valuation is Rs. 46,50,000/-. He further contends
that day-to-day delay has not been explained.
However, he does not deny that the delay was
condoned by the Court of the Addl. District Judge,
Kashipur, District Udham Singh Nagar at a cost of
Rs. 1,500/-.
11. Since the appeal was initially filed before the
wrong forum, wherein the delay was also condoned,
and the reasons for filing the present first appeal
before this Court have been properly explained in the
delay condonation application, the delay condonation
application is hereby allowed and the delay is
condoned.
12. The delay condonation application (IA No. 1
of 2025) stands disposed of.
13. List for admission on 12.03.2026.
(Siddhartha Sah, J.)
16.02.2026
BS
