Extracted from the PDF above. The PDF is authoritative.
State of H.P. & others vs. Nand Lal & others
CMP(M) No. 589 of 2026
08.09.2026 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the applicants. None for respondents No. 2 and 3. CMP(M) No. 589 of 2026 In sequel to orders dated 03.06.2026, 06.07. 2026 and 30.07.2026, consequential steps for bringing on record the legal representatives of deceased respondent No. 1 have not been taken till date. Consequently, the appeal stands abated qua respondent No. 1. As per the report of registry, the notices issued to respondents No. 2 & 3 stand duly served. However, no one has put in appearance on their behalf. The instant application has been filed for condonation of delay in filing the present appeal. It has been stated in the application that the impugned judgment was passed by the learned District Judge Bilaspur, H.P. dated 10.03.2025 As per the averments made in the application, the certified copy of the impugned judgment was applied on 10.03.2025, and the same was delivered on 24.03.2025 in the office of learned District Attorney, Bilaspur, H.P. Thereafter, the learned District Attorney, Bilaspur, vide its office letter, intimated the department
stating that the civil appeal had been dismissed, and the Regular Second Appeal has to be filed before this Court, and the limitation will expire on 09.06.2025. Thereafter, the file moved through different channels, and in this process, delay of 255 days has occurred, which is neither intentional nor willful and the same has occurred due to unavoidable circumstances. In view of the averments as made in the application, which is duly supported by an affidavit, and in view of the submission of the learned Additional Advocate General, the same is allowed, and the delay of 255 days in filing the appeal is condoned. Application stands disposed of. RSA No.____/2026 (RAST No. 18359/26)
Appeal be registered. Issue notice to respondents No. 2 and 3 returnable within four weeks, on taking steps within three days. List thereafter. CMP No._____2026 (CMPST/19801/26)
It is ordered that execution, implementation and operation of impugned judgment dated 29.06.2024, passed by learned Civil Judge, Jhandutta, District Bilaspur, in Civil Suit No. 330-1 of 2021/2020 and affirmed by learned District Judge, Bilaspur, in Civil Appeal No. 42/13 of 2024 titled State
of H.P. & others vs. Nand Lal & others vide judgment dated 10.03.2025, shall remain stayed during the pendency of appeal. Application stands disposed of.
(Romesh Verma)
Judge September 8, 2026 (Nisha)