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High Court of Himachal Pradesh · body

2025 DAILYLAW 24140 (HP)

ROSHAN CHAUDHARY v. KIRAN AGGARWAL AND OTHERS

CR/205/2024 · 2025-08-27

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Civil Revision No. 205 of 2024 Decided on: 27.08.2025 ____________________________________________________ Roshan Chaudhary ……….. petitioner Versus Kiran Aggarwal and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Jeet Ram Poswal, Advocate. For the respondents : Mr. Arun, Advocate, for respondent No.1 : Mr. Deepak Sharma, Advocate, for respondents No. 3 to 5. : Respondent No.6 ex parte vide order dated 3.7.2025. ____________________________________________________ Bipin Chander Negi, Judge (oral) Feeling aggrieved by the judgment and decree dated 15.9.2018 passed by the trial Court, an appeal was preferred by the present petitioner before the 1st Appellate Court. The appeal so filed was accompanied by an application for condonation of delay in filing the appeal. The said application was rejected vide impugned judgment dated 16.7.2024. Feeling aggrieved by the same, the present revision petition has been filed. 2. In view of the authoritative pronouncement of the Apex Court in (2005) 1 SCC 436 titled as Shyam Sundar Sarma 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 vs. Pannalal Jaiswal and others. Relevant extract whereof is being reproduced here-in-below:- “Thus, the position that emerges on a survey of the authoritative is that an appeal filed alongwith an application for condoning the delay in filing that appeal when dismissed on the refusal to condone the delay is nevertheless a decision in the appeal”. 3. In view thereof, the revision petition would not be maintainable and the same is dismissed accordingly. Pending miscellaneous applications, if any, also stand disposed of. Learned counsel for the petitioner is at liberty to pursue the remedies as are available to him in accordance with law. (Bipin Chander Negi) Judge August 27, 2025 tarun