Extracted from the PDF above. The PDF is authoritative.
Om Parkash vs. Kamlesh Kumari & others
CMP(M) No.646 of 2026
30.09.2026 Present: Ms. Kalaunta Devi, Advocate, vice counsel, for the applicant. Mr. Gurinder Singh Parmar, Advocate, for the respondents. CMP(M) No.646 of 2026
This instant application has been filed for condonation of 1 year, 5 months and 10 days’ delay in filing the appeal. It has been contended in the application that the impugned judgment was passed by the learned Additional District Judge-I, Una, on 31.05.2024. The applicant applied for the certified copy on 04.06.2024 and the same was attested on 26.06.2024. As per the case set up by the applicant, he is an old ailing person and at the time of the filing of the appeal, he was informed by the counsel representing him before the court below that since the matter is civil in nature, his attendance is not required on each and every date and he shall be informed about the outcome of the case. Further, the learned counsel representing him told him that as and when there will be a requirement for his presence, he shall be informed accordingly. It has also been contended that the applicant suffered a paralytic attack in the year 2024 and recovered from the same in the month of January 2026. Thereafter,
he visited the office of the counsel and came to know about the dismissal of the appeal. Immediately thereafter, after obtaining the relevant record, he took steps for the filing of the present appeal along with the instant application. It has been contended in the application that since the applicant is more than 86 years of age and has been diligent, the appeal could not be filed well in time. Further, it has been contended by the learned counsel for the applicant that since the impugned judgment has been passed against the applicant, there was no occasion not to prefer the present appeal against the said judgment. The learned counsel for the non-applicants has no objection in case the instant application is allowed. Consequently, in view of averments as made in the application, which is duly supported by an affidavit, the same is allowed and the delay in filing the appeal is condoned. Accordingly, the application stands disposed of. RSA No.______ of 2026
Be registered. List for admission after three weeks. In the meantime, the record of learned courts below be requisitioned. CMP No.______ of 2026
Be registered.
During the pendency of the appeal, both the parties are directed to maintain status quo qua nature and possession of the suit property as it exists as of today. Accordingly, the application stands disposed of. ( Romesh Verma )
Judge September 30, 2026 (vt)