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2026 DAILYLAW 4313 (HP)

SHAKUNTLA DEVI v. SAVITRA DEVI AND ANOTHER

CMP.M/252/2026 · 2026-04-30

Romesh Verma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Shakuntla Devi vs. Smt. Savitra Devi & another CMP(M) No.252 of 2026 30.04.2026 Present: Ms. Dhanvanti Devi, Advocate for the applicant. Mr. Harshit Sharma, Advocate, vice Mr. Ajit Pal Singh, Advocate, for the respondents. The present application has been filed for condonation of delay in filing the present appeal. It has been averred in the application that the impugned judgment was passed by the learned Additional District Judge, Kullu on 16.09.2025. The applicant is an illiterate lady aged 68 years and was under impression that her suit has been decreed by the learned First Appellate Court. It has been averred in the application that she had received summons in the appeal bearing RSA No. 273 of 2025, titled as Smt. Savitri Devi and another vs Smt. Shakuntla Devi and contacted her counsel on 20.01.2026 and informed her regarding the said appeal filed by the respondents. Since the present counsel was out of station due to winter vacations and she instructed to her client to come to Shimla on 26.02.2026, the day when said appeal filed by the respondents was listed before this Court. Thereafter promptly and diligently action was taken by the present applicant/appellant. It has further been contended by the learned counsel for the applicant/appellant that the delay in filing the appeal is neither intentional nor willful and the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant/appellant. Keeping in view the averments as made in the application, which is duly supported by an affidavit, the present application is allowed and the delay of 81 days in filing the present appeal is condoned. The non-applicant has filed reply to the said application. Application stands disposed off. RSA No._____/2026 (RSAST No. 6902 of 2026) Appeal be registered. List alongwtih RSA No.273 of 2025. CMPST No. 6903 of 2026 It 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 . ( Romesh Verma) Judge April 30, 2026 ( veena)