Himachal Pradesh High Court
CMP.M/30/2024 of Amarjeet Singh and others Vs Balbir Kaur and others on 9 October 2026
Balbir Kaur CMP (M) No. 30/2024 09.10.2026 Present: Mr. Devnder K. Sharma, Advocate, vice counsel for the applicants. Mr. Peeyush Agnihotri, Advocate, vice counsel for respondent No.1. CMP (M) No. 30/2024 The present application has been filed for condonation of delay in filing the main appeal.
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Amarjit Singh vs. Balbir Kaur
CMP (M) No. 30/2024
09.10.2026 Present: Mr. Devnder K. Sharma, Advocate, vice counsel
for the applicants.
Mr. Peeyush Agnihotri, Advocate, vice counsel
for respondent No.1.
CMP (M) No. 30/2024
The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the application that the applicants had engaged Mr. H. S. Thakur, Advocate, before the learned first Appellate Court, who had advised the applicant not to come on each and every date of hearing and he would inform the applicants about status of the appeal as and when need so arises. However, when the applicants received summon of the execution to appear before the executing Court on 05.10.2023, they visited the office of H. S. Thakur, Advocate, and surprised to know that Mr. H. S. Thakur, Advocate, has passed away and their appeal has been dismissed on 30.09.2022. Thereafter, prompt action was taken and after obtaining the case file, the instant appeal was prepared and filed in the Court. Learned vice counsel for the applicants has submitted that even otherwise, the applicants were not going to gain anything by not filing appropriate application as impugned judgment has been passed against them. Therefore, he submits that the aforesaid delay is neither intentional nor deliberate, but the same has occurred on account of unavoidable circumstances.
For the reasons stated in the application, more particularly, para 3 and 4 thereof, which is duly supported by an affidavit, coupled with submissions made by the learned vice counsel for the applicants, delay in filing the main appeal is condoned.
Appeal be registered. Application stands disposed of.
RSA No. /2026
Notice. Mr. Peeyush Agnihotri, Advocate, has put in appearance on behalf of respondent No.1. Issue separate notice to the remaining respondents returnable within four weeks on taking steps within three days. List after four weeks. In the meanwhile, records be also requisitioned.
(Romesh Verma)
Judge 09.10.2026
(pankaj