12026:HHC:27565 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA RSA No. 225 of 2023 Decided on : 8.7.2026 Padma Devi & ors. … Appellants Versus Mahesh Kapoor …Respondent _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Appellants: Mr. Mohinder Verma, Advocate. For the Respondents : Mr. Devender K. Sharma, Advocate, for the respondent. Virender Singh, Judge The present appeal has been preferred by the appellants, against the order dated 8.6.2023, passed by the Court of learned Additional District Judge, Kullu, District Kullu, H.P. (hereinafter referred to as ‘the First Appellate Court’, by virtue of which, an application, under Order 41 Rule 3-A CPC, read with Section 5 of the Indian Limitation Act, filed by applicants/appellants has been ordered to be dismissed. 22026:HHC:27565 2. The aforesaid application was filed by appellants/applicants in an appeal, which has been preferred by them, against the judgment and decree, dated 11.12.2020, passed by the Court of learned Senior Civil Judge, Lahaul & Spiti at Kullu, District Kullu, H.P. (hereinafter referred to as ‘the trial Court’), in Civil Suit No. 201 of 2018, titled as, ‘Mahesh Kapoor versus Padma Devi & others’. 3. By way of judgment and decree, dated 11.12.2020, the learned trial Court has decreed the suit of respondent Mahesh Kapoor, for permanent prohibitory injunction, against the appellant. 4. It has been submitted by learned counsel for the respondent that the respondent has no objection if the application under Section 5 of the Limitation Act is allowed and the First Appeal, preferred by appellant Padma Devi be registered. However, a prayer has been made to direct the learned First Appellate Court to decide the appeal, in a time bound manner. 5. In view of this, order dated 8.6.2023, is set aside and the application under Order 41 Rule 3-A CPC, read 32026:HHC:27565 with Section 5 of the Limitation Act, filed by applicant/appellant Padma Devi, is ordered to be allowed, by condoning the delay in preferring the appeal. 6. In view of request made by learned counsel for the respondent, the learned First Appellate Court is requested to decide the matter, preferably within six months from today. 7. In view of above, the present appeal stands disposed of, so also the pending application(s), if any. 8. Record be returned back. (Virender Singh) Judge 8.7.2026 Kalpana