Bhagat Ram(deceased) through LRs & others vs. Bhagwan Dass CMP(M) No.1037 of 2026 13.08.2026 Present: Ms. Upasna Thakur, Advocate, vice counsel, for the applicants. Mr. Anmol Sharma, Advocate, for the respondent. CMP(M) No.1037 of 2026 The instant application has been filed for condonation of 169 days delay in filing the present appeal. It has been contended in the application that the impugned judgment was passed by the learned Additional District Judge, Nahan, District Sirmaur on 1st July 2025. It has been stated that the certified copy of the judgment was applied on 2nd July 2025 and the same was prepared and attested on 11th August 2025. As per the case of the applicants, for the purpose of taking opinion in the matter, the applicants went to the learned counsel representing them in the learned Courts below. In the last week of October 2025, the applicants decided to file the instant appeal and for the said purpose got reference of the present counsel. Further, it has been stated that in the first week of November 2025, the applicant No.1, Shri Manoj Sharma, called the present counsel telephonically and the counsel told the applicants to come to Shimla with the complete record to file the appeal. Inadvertently, in the intervening period during the process of taking opinion in the matter, the applicant No.1 somehow misplaced the documents and despite all efforts, could not find the same. Though an attempt was made to search the documents, but could not find the same. Extensive search was made in order to search the documents and finally the said documents were found intermingled with the other files of the applicants. Immediately in the third week of January 2026, the applicant contacted the present counsel seeking appointment to come to Shimla for filing the appeal. It has been stated that the counsel was out of station on account of winter vacation and he directed the applicants to contact him in the last week of January 2026. Thereafter, applicants came to Shimla in second week of March 2026, and steps were taken for the filing of the present appeal. The delay caused is neither intentional nor willful, but under unavoidable circumstances. It has been contended that the delay, if any, has occurred on account of unavoidable circumstances and since the judgments and decrees have been passed against the applicants, therefore, there was no occasion for not filing the present appeal. The learned counsel for the non-applicant has no objection in case the present 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 of the learned vice counsel for the applicants, the present application is allowed and the delay in filing the appeal is condoned. Accordingly, the application stands disposed of. RSA No._____ of 2026 Appeal be registered. Send for the records. List for admission after two weeks. In the meantime, the learned vice counsel for the appellants is directed to supply the entire paper book to the learned counsel for the respondent during the course of the day. ( Romesh Verma ) Judge August 13, 2026 (vt)