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2026 DAILYLAW 4318 (HP)

The Government of Himachal Pradesh and another v. Banti Devi and others

CMP.M/276/2026 · 2026-04-30

Romesh Verma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

The Govt. of H.P. & Anr. vs. Banti Devi & Ors. CMP(M) No. 276 of 2026. 30.04.2026 Present: Mr. Diwakar Dev Sharma, Addl. A.G., for the applicants/appellants. CMP(M) No.276 of 2025. As per the report of the Registry, respondents No.1 to 5 have been duly served. The case was taken up in the pre-lunch session but none appeared on behalf of the said respondents. Again the case was taken up at 3.30 P.M. in the post lunch session, still none appeared on behalf of the respondents. Consequently, respondents No.1 to 5 are proceeded against ex-parte. The present application has been filed for condonation of delay in filing the present appeal. It has been pleaded in the application that impugned judgment and decree was passed by the learned District Judge, Bilaspur on 03.12.2024 and the District Attorney, Bilaspur has intimated the department vide office letter dated nil that the civil appeal which was filed before the first appellate court has been dismissed. That on the receipt of the letter of the District Attorney, the case was forwarded to the Superintending Engineer, Bilaspur and thereafter the case file wen through different channels and finally the appeal was vetted in the office of learned Advocate General on 14.10.2025. It has been stated that on account of intra departmental correspondences between the various offices, the 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 applicants/appellants. 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 Additional Advocate General, the present application is allowed and delay in filing the appeal is condoned. Accordingly, the application stands disposed of. RSA No._______ of 2026 Issue post admission notice to the respondents, returnable within four weeks on steps being taken within a week. CMPST No. 9114 of 2026. In the interim, the operation, execution and implementation of the impugned judgments and decrees as passed by the learned Courts below are ordered to be stayed till the next date of hearing. List after four weeks. (Romesh Verma) Judge 30th April, 2026. (Jai)