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2054 DAILYLAW 1 (HP)

DASONDI KHAN v. SAHIDA AND AORS

CMP.M/2054/2025 · 2026-04-17

Romesh Verma

body2054

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Dasondi Khan vs Sahinda and others. CMP(M) No.2054 of 2025 17.04.2026 Present:Mr. Ravneet Kumar, Advocate, vice Mr. Desh Raj Thakur, Advocate, for the applicant. Mr. K.S. Kanwar, Advocate for respondents No. 1 to 3. Mr. Ashok Thakur, Advocate, for respondent No.4(i) CMP(M) No.2054 of 2025 The present application has been filed by the applicant for condonation of delay in filing the appeal. It has been averred in the application that impugned judgment and decree dated 07.02.2025 was passed by the learned Additional District Judge, Paonta Sahib, District Sirmour, H.P.The certified copy of the impugned judgment was applied by the counsel for the applicant on 10.02.2025 and the same was delivered on 14.02.2025. It has been further averred that the applicant approached his counsel, who was representing him in the trial Court and the said counsel after examining the said judgment advised the applicant to file Regular Second Appeal before this Court. It has further been averred that after coming to Shimla, he engaged the counsel, who advised him to procure the complete case file including pleadings, statements and exhibits so that the appropriate appeal can be filed. In this process, delay has occurred which is neither intentional nor willful and the same has occurred due to unavoidable circumstances, which were beyond the control of the applicant. Keeping in view the averments as made in the application, which is duly supported by an affidavit and in view of the submissions as made by the learned counsel for the applicant/appellant, the application is allowed and the delay of 126 days in filing of appeal is condoned. Appeal be registered. Application stands disposed off. RSA_____ RSAST No.48946 of 2025 List for admission after two weeks. ( Romesh Verma) Judge April 17, 2026 ( veena)