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2026 DAILYLAW 10188 (HP)

The State of Himachal Pradesh through the District Collector, Bilaspur H.P. and Others v. Ramji (since deceased) through his LRs Sh. Hans Raj and others

CMP.M/575/2026 · 2026-05-26

Romesh Verma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

State of H.P. & Ors. vs. Ram Ji (since deceased) through LRs. & Ors. CMP(M) No. 575 of 2026. 26.05.2026 Present: Mr. Diwakar Dev Sharma, Addl. A.G., for the petitioners-State. Mr. Naresh K. Sharma, Advocate, for the respondents. Mr. Naresh K. Sharma, Advocate has put in appearance on behalf of the respondents. Heard. The present application has been filed for condonation of delay in filing the appeal. It has been averred in the application that the certified copy of the impugned judgment and decree dated 15.05.2025 passed by the learned District Judge, Bilaspur was applied on 15.05.2025 and the same was prepared on 31.05.2025 and delivered on 02.06.2025 in the office of District Attorney, Bilaspur. Thereafter, the District Attorney, Bilaspur vide his office letter intimated the department that the civil appeal was dismissed. On receipt of the opinion of the District Attorney, the draft of regular second appeal was prepared and submitted to the Deputy District Attorney office of Chief Engineer HPPWD, Hamirpur. Thereafter, the file went through various channels and in the said process some delay has occurred, which is neither intentional nor willful, but the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant/appellant. Learned counsel for the respondents has no objection in case the instant application is allowed. Consequently, in view of the averments as made in the application, which is duly supported by an affidavit and in view of the submissions made by learned counsel for the applicant/appellant, the present application is allowed and delay in filing the appeal is condoned. Accordingly, the application stands disposed of. RSA No. of 2026. It be registered. List next week for admission. CMP No. of 2026. It is ordered that the operation, implementation and execution of the impugned judgment and decree dated 15.05.2024 passed by the learned District Judge, Bilaspur in Civil Appeal No.35/13 of 2024, whereby, the judgment and decree as passed by the learned Civil Judge, in Civil Suit No.314-1 of 2021/20, dated 29.06.2024 has been affirmed, is ordered to be stayed. Application stands disposed of. (Romesh Verma) Judge 26th May, 2026. (Jai)