The court allowed CMP(M) No. 1237 of 2017 to condone a six-day delay in filing an appeal. It also directed issuance of notice and stayed the execution of the impugned judgment in RSA No. [masked] of 2017.
Condonation of 06 days delay in filing the appeal allowed; appeal be registered; execution of judgment stayed.
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CMP(M) No. 1237 of 2017
19.9.2017 Present:
Ms. Devyani Sharma, Advocate, for the applicant. Mr. Naveen Awasthi, Advocate, for the respondent.
Mr. Naveen Awasthi, Advocate, has put in appearance on
behalf of the respondent by filing memo of appearance.
CMP(M) No. 1237 of 2017
By medium of this application, the applicant has sought condonation of 06 days delay in filing of the appeal. A perusal of the application, more particularly, the contents of paragraphs- 3 & 4, reveal that sufficient cause has been carved out by the application which prevented him from filing the appeal within the prescribed period of limitation. Accordingly, the application is allowed and delay of 06 days in filing of the appeal is condoned. Application stands disposed of.
Appeal be registered.
RSA No. ______of 2017.
Issue notice. Mr. Naveen Awasthi, Advocate, waives notice
on behalf of the respondent.
Be registered. Notice in the aforesaid terms. In the meanwhile, the operation and execution of the judgment and decree dated 20.1.2017 passed by the learned Additional District Judge (III) Kangra at Dharamshala in Civil Appeal No. 4-D/XIII/2015, whereby he affirmed the judgment and decree dated 9.1.2015 passed in Civil Suit No. 228 of 2011, is ordered to be stayed.
September 19, 2017 (sanjeev)
1 issue framed by the court
Whether sufficient cause has been shown for condonation of 06 days delay in filing the appeal?
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
