Durga Dass vs. State of H.P. and others. CMP(M) No. 14 of 2025 25.03.2026 Present:Mr. Hemant Kumar Thakur, Advocate, for the applicant/appellant. Mr. Baldev Singh Negi, Additional Advocate General, for respondent No.1/State. Mr. Devinder K. Sharma, Advocate, for respondents No. 2 and 3. The present application has been &led for condonation of delay in &ling the present appeal. It has been averred in the application that after passing of the judgment dated 23.03.2024, the counsel for the applicant/appellant could not inform the applicant regarding decision of the case. It has further been averred that the applicant/appellant inquired the counsel in the month of July, 2024 regarding his case status and found that the case of the applicant/appellant has been decided vide judgment dated 23.03.2024. Thereafter, the applicant/appellant applied the certi&ed copy of the aforesaid judgment and received the same on 23.07.2024. It has further been submitted that there was communication gap between the applicant/appellant and his counsel and , therefore, delay in &ling the appeal is neither intentional nor willful and the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant. It is further submitted by the learned counsel for the applicant/appellant that since impugned judgment was against his client, therefore, there was no occasion to have not approached this Court by &ling Regular Second Appeal. Keeping in view the averments as made in the application, which is duly supported by an a2davit and keeping in view of the fact that the learned counsel for the respondents has no objection in case delay is condoned, the application is allowed and delay is condoned subject to payment of cost of Rs. 10,000/-to respondent No.2. The applicant/appellant is directed to deposit sum of Rs. 10,000/- in the bank account of respondent No.2 and the details of the same shall be supplied by the learned counsel for respondent No.2 within one week from today. Application stands disposed o4. Appeal be registered RSA_____ RSAST No.38992 of 2024 Learned counsel for the appellant undertakes to supply the entire paper book to the learned counsel for the respondents during the course of the day. List for consideration after four weeks. ( Romesh Verma) Judge March 25, 2026 ( veena)