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High Court of Himachal Pradesh · body

2025 DAILYLAW 24340 (HP)

Harbans Lal Nag v. Ashok Kumar (deceased) through his LRs Sh. Akhil Kumar (now deceased) through his LRs and others

CMP.M/31/2024 · 2025-08-11

Satyen Vaidya

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Harbans Lal Nag vs. Ashok Kumar CMP(M) No.31 of 2024 11.08.2025 Present: Mr.V.S. Rathore, Advocate vice counsel for the applicant. Mr.Nitin Thakur, Advocate for the respondents. CMP No.19129 of 2025 By way of this application, a prayer has been made for deletion of name of respondent No.4 from the array of respondents on the ground that on verification, the applicant/appellant has found that late Sh.Ashok Kumar has not left behind any son named Anu Kumar. There is no opposition to the application. Accordingly, the same is allowed and name of respondent No.4 is deleted from the array of respondents. The application stands disposed of. CMP(M) No.31 of 2024 Through this application, the applicant/appellant seeks the condonation of delay in filing the appeal. The delay is stated to be of 260 days. No reply is sought to be filed. It is averred in the application that the applicant/appellant is an old aged person and has been facing multiple health issues. He had to undergo blood fusion in January, 2023. It took a long time for him to recover. Thus, the applicant/appellant has shown his inability to file the appeal within the prescribed time on account of health issues. Since, there is no contest to the averments made in the application coupled with the fact that the application is supported by an affidavit as also the copies of medical records of the applicant/appellant, I find the existence of sufficient cause in favour of the applicant/appellant in not filing the appeal within the prescribed time of limitation. The application is accordingly allowed. The delay in filing the appeal is condoned. The application stands disposed of. RSA No. of 2025 Be registered. Notice. Mr. Nitin Thakur, learned counsel appears and waives service of notice on behalf of the respondents. List for admission on 27th August, 2025. ( Satyen Vaidya ) Judge August 11, 2025 (naveen)