Himachal Pradesh High Court
CMP.M/1097/2026 of ASHWANI KUMAR Vs ANIL KUMAR AND OTHERS on 29 July 2026
Anil Kumar CMP (M) No. 1097/2026 29.7.2026 Present: Mr. Sanjeev K. Suri, Advocate, for the appellant. Mr. Rupesh Kumar, Advocate, for the respondents. CMP (M) No. 1097/2026 The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the
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Ashwani Kumar vs. Anil Kumar
CMP (M) No. 1097/2026
29.7.2026 Present: Mr. Sanjeev K. Suri, Advocate, for the appellant.
Mr. Rupesh Kumar, Advocate, for the
respondents.
CMP (M) No. 1097/2026
The present application has been filed for condonation of delay in filing the main appeal. It has been averred in the application that even though certified copy of the impugned judgment and decree, dated 12.1.2026 was applied by the counsel on 15.1.2026 and delivered on 23.2.2026, however the counsel failed to inform the applicant about receipt of the certified copy of the impugned judgment and decree and the applicant was under impression that the aforesaid copy has not been received by the counsel. It has been averred that the applicant is a rustic villager and is not aware of intricacies of law. After receipt of copy of the impugned judgment and decree prompt action was taken for preparation of the appeal. Thus, the aforesaid delay is neither intentional nor deliberate, but has occurred due to unavoidable circumstances, which were beyond the control of the applicant.
The respondent has filed reply to the instant application.
In view of the reasons stated in the application, more particularly, paras 2 to 5 thereof, which is duly supported by an affidavit, coupled with submissions made by the learned counsel for the applicant, delay in filing the main appeal is condoned.
Appeal be registered. Application stands disposed of.
RSA No. /2026
Learned counsel for the appellant is directed to supply a copy of complete paper-book to the learned counsel for the respondents during the course of the day.
Send for the records. List for admission after two weeks.
CMPST No. 36183/2026
Be registered. Heard. The parties are directed to maintain status quo qua nature, possession and alienation of the suit property during the pendency of appeal. Alteration/modification/vacation on motion. Application stands disposed of.
(Romesh Verma)
Judge 29.7.2026
(pankaj)