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High Court of Himachal Pradesh · body

2019 DAILYLAW 2164 (HP)

KALAWATI DEVI v. RAMESH

CMP.M/896/2019 · 2026-04-21

Romesh Verma

Public Interest Litigationbody2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Kalawati vs. Ramesh & others CMP(M) No. 896 of 2019 21.04.2026 Present: Mr. Vijay Sharma, Advocate, for the applicant/ appellant. Mr. Karun Negi, Advocate, for respondents No. 1,7 and 8. CMP(M) No. 896 of 2019 The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the original plaintiff, who was the mother of the applicant, was not in good health from the very beginning. The original plaintiff was suffering from attacks of epilepsy, as she had sustained a head injury during her childhood, for which she had been undergoing treatment at different hospitals. It has been further averred that late Smt. Geet Devi had three daughters and one son, and during her lifetime she had executed a Will in favour of the present applicant, whereby the entire landed property in her possession or likely to come into her share stood bequeathed to the applicant. Though the applicant had some vague idea about the present litigation pending between the parties, due to the illness and death of her mother, she could not remain in touch with the counsel who was representing her mother in Court. The applicant was not aware of the passing of the impugned judgment until the first week of May, 2019, as neither was she informed by her mother nor by the counsel representing her mother in Court. It was only in the first week of May, 2019, when she came to Solan to the office of the counsel to know about the fate of the case, that she was informed that the appeal filed by her mother had been dismissed long back and that the certified copy of the same had already been received by him. Thereafter, upon obtaining the record, prompt action was taken by filing the present appeal. Accordingly, the delay occurred due to unavoidable circumstances, which was beyond the control of the present applicant. Non-applicant has not filed reply to the said application. In view of the averments, which are duly supported by an affidavit, and in view of the submissions made by learned counsel for the parties, the present application is allowed subject to payment of Rs. 2500/- to be paid by the applicant to H.P. High Court Bar Association Welfare Fund and delay of seven months and twenty seven days in filing the appeal is condoned. The aforesaid amount shall be deposited within a period of two weeks from today, failing which the benefit of the present order shall not be given to the present applicant. Application stands disposed off. RSA No.____/2026 (RSAST No. 8136/2019) Appeal be registered. List for admission after two weeks. (Romesh Verma) Judge April 21, 2026 (Nisha)