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High Court of Himachal Pradesh · body

2025 DAILYLAW 33352 (HP)

MOHAN SINGH v. BICHHU ORS

CMP.M/1957/2024 · 2025-05-02

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Mohan Singh (deceased) through Lrs Vs. Bicchu & Ors. CMPs No. 23572 & 1957 of 2024 in FAO No. 457 of 2015 02.05.2025 Present: Mr. Rajneesh K. Lal, Advocate, for the the applicant/petitioner. Ms. Devyani Sharma, Senior Advocate with Mr. Anirudh Sharma, Advocate, for respondent No.1. None for respondents No.2(i) to 2(v). Respondents No.3(e), 3(i)(a) and 3(i)(b) already ex-parte. CMP(M) No. 1957 of 2024 The present application has been filed by the applicants seeking condonation of delay in filing the application under Order 41 Rule 19 read with Section 151 of CPC. The application is duly supported with the affidavit of applicant- Sanjay Kumar. Reply to the application on behalf of respondent No.1 has been filed, wherein, prayer for dismissal of the same has been made. In rejoinder to the reply, contents of the application are reasserted and contents of the reply are denied. Heard. For the reasons stated in the application, which is duly supported with the affidavit of applicant-Sanjay Kumar, the same is allowed and delay in filing the application under Order 41 Rule 19 CPC is condoned. The application stands disposed of. CMP No. 23572 of 2024 This order shall dispose of an application filed by the applicants under Order 41 Rule 19 read with Section 151 of CPC for recalling the order dated 12.07.2024, whereby the appeal filed on behalf of the appellants was dismissed for want of prosecution. Reply to the application on behalf of respondent No.1 has been filed, wherein, prayer for dismissal of the application has been made. I have heard the learned counsel for the parties and also gone through the record of the case. In view of the averments made in the application which is duly supported with the affidavit of Sanjay Kumar, who is the Special Power of Attorney holder of appellants No.1(a) to 1(g), the same is allowed and order dated 12.07.2024, whereby the appeal filed by the appellants was dismissed for want of prosecution, is recalled and the appeal is ordered to be restored to its original number. The application stands disposed of. FAO No. 457 of 2015 At the request of learned counsel for the parties, list on 23.05.2025. ( Sushil Kukreja ) Judge 02nd May, 2025 (Sumit)