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2025 DAILYLAW 1766 (HP)

Gujju Ram v. Devi Ram and Ors

CMP.M/1625/2025 · 2026-03-09

Romesh Verma

body2025

Judgment text

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Gujju Ram vs. Devi Ram CMP (M) No. 1625/2025 9.3.2026 Present: Mr. Vedhant Ranta, Advocate, for the applicant. Mr. Janesh Gupta, Advocate, for respondent No.1. Mr. Manish Thakur, Dy.A.G. for respondents No.2 & 3/State. CMP (M) No. 1625/2025 The present application has been filed through legal-aid counsel for condonation of delay of 166 days in filing the present regular second appeal. The appellant/applicant has assigned the reasons in paras 2 to 4 of the application, which seem to be plausible and reasonable. Therefore, keeping in view the averments as made in the application, which is duly supported by an affidavit and taking into consideration the submissions made by the learned counsel for the respondents, I find sufficient reasons to condone the aforesaid delay. Ordered accordingly. Appeal be registered. Application stands disposed of. RSA No. /2026 Heard. Admit on the following substantial questions of law: 1. Whether the learned First Appellate Court has committed jurisdictional error in granting relief qua Khasra No. 176 directing respondents No.2 and 3 to grant nautor to the plaintiff, which is beyond the scope of pleading and relief sought by the plaintiff? 2. Whether the learned First Appellate Court has created an illegality by partly allowing the appeal without returning the findings on the core issue of adverse possession? Learned counsel for the appellant undertakes to supply a copy of entire paper book to learned counsel for respondent No.1 during the course of the day. Records be requisitioned. CMP No. /2026 Be registered. The appellant/applicant seeks and is granted permission to withdraw the application filed under Order 41 Rule 5 CPC with liberty to file the same afresh under the relevant provisions of law. Application stands disposed of. CMP No. /2026 Be registered. The instant application is disposed with a direction to the applicant to file translated copy of Annexure A-1 within four weeks from today. (Romesh Verma) Judge 9.3.2026 (pankaj)