SA/94/2025
2026 Latest Caselaw 974 UK

Uttarakhand High Court

SA/94/2025 on 12 February, 2026

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                               SA No.94 of 2025
                               Hon'ble Siddhartha Sah, J.

Heard Ms. Soniya Chawla, learned counsel for the appellant and Mr. B. D. Upadhyaya, learned Senior Advocate assisted by Mr. Tushar Upadhyaya, learned counsel for the respondent.

2. This second appeal has been preferred against the judgement and order dated 08.09.2022 passed in Civil Suit No.42 of 2013 (Manoj Kumar vs. Rakesh Kumar) by learned Civil Judge, Rudrapur, District Udham Singh Nagar, whereby the court decreed the suit for permanent injunction & declaration in favour of the plaintiff and also against the judgment and order dated 13.01.2025 passed in Civil Appeal No.51 of 2022 (Rakesh Kumar vs. Manoj Kumar) passed by learned 3rd Additional District Judge, Rudrapur, District Udham Singh Nagar, by which the learned Appellate Court dismissed the appeal filed by the appellant herein above, hence this second appeal.

3. Learned counsel for the appellant submits that the Delay Condonation Application (IA No. 01 of 2025) is filed along with the affidavit of the appellant.

4. There is a delay of 109 days in preferring the instant second appeal.

5. Learned Senior Advocate for the respondent has no serious objections to the delay in preferring the second appeal since it is not a very long delay.

6. In such view of the matter, Delay Condonation Application (IA No. 01 of 2025) is allowed. Delay is hereby condoned.

7. List this matter on 13.03.2026 for admission.

8. Interim order dated 22.12.2025 is extended till the next date of listing.

(Siddhartha Sah, J.) 12.02.2026 Akash