Partly allowed

Partap Singh Thakur v. Baldev Singh Bhandari

Himachal Pradesh HC11 Nov 2024CMP.M/1074/2024

Case brief

AI extract

What is this about?

The High Court condoned a 5-day delay in filing an appeal. An application for stay of execution was filed, and the decree dated 28.12.2021 was stayed subject to the deposit of the decretal amount and interest within six weeks by the appellant.

What did the court decide?

Delay of 5 days in filing appeal condoned. Execution of decree stayed subject to deposit of decretal amount and interest within 6 weeks.

Partap Singh Thakur Vs Baldev Singh Bhandari — Execution and Attachment | Himachal Pradesh HC (2024)

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Pratap Singh Thakur Vs. Baldev Singh Bhandari

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CMP(M) No. 1074 of 2024

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11.11.2024 Present: Mr. Karun Negi, Advocate, for the applicant.

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Mr. Praveen Chandel, Advocate, for the non-applicant.

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Reply not filed. Sufficient

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opportunities have already been granted to the non-applicant to file reply. Further wait is not justifiable. As such, right to file reply, on behalf of non-applicant, is closed.

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By way of present application, a prayer has been made to condone the delay of 5 days, in filing the accompanying appeal. The application is duly supported by an affidavit.

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Considering the factual position, as mentioned in the application, this Court is of the view that the applicant is able to make out a case for condonation of delay. Consequently, delay in filing the present appeal is ordered to be condoned. The application is, thus, disposed of.

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RSA No. _________

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Be registered.

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Vide order of even date, passed in CMP(M) No. 1074 of 2024, delay in filing the present appeal has been ordered to be condoned.

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List for admission after eight weeks. CMP No. 20940 of 2024

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Since, the accompanying appeal will

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take sufficient long time for its disposal, as such, during the pendency of the present appeal, execution of the decree, dated 28.12.2021, passed by the Court of learned Civil Judge, Rajgarh, District Sirmour, H.P. in Civil Suit No. 124 of 2014, titled as, ‘Baldev Singh Bhandari vs. Pratap Singh Thakur, and affirmed by the learned Additional District Judge, Sirmour District at Nahan, H.P., vide judgment and decree, dated 28.3.2024, in Civil Appeal No. 21-N/13 of 2023, titled as, ‘Partap Singh Thakur versus Baldev Singh Bhandari’, is ordered to be stayed, subject to the condition that the appellant shall deposit the entire

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decretal amount, alongwith upto date interest, as ordered by the learned trial Court. The needful be done within six weeks, from today, failing which, the appellant shall be entitled to get the decree executed, in his favour.

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The application is, thus, disposed of. CMP No. 20941 of 2024

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The application is disposed of with a

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direction to the applicant to do the needful, on

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or before the next date of hearing.

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(Virender Singh) Judge

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November 11, 2024

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(kalpana)

Partap Singh Thakur v. Baldev Singh Bhandari

Case brief

What is this about?

What did the court decide?

Partap Singh Thakur v. Baldev Singh Bhandari

Case brief

What is this about?

What did the court decide?

What the court decided

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