Romesh Verma, Judge (Oral).

The present application has been filed for condonation of delay in filing the regular second appeal. The plaintiffs/respondents preferred a suit in the Court of learned Civil Judge, Chachiot at Gohar, District Mandi, H.P. on 19.11.2016 for declaration, possession and permanent prohibitory injunction against the State and the private respondents. Learned trial Court dismissed the suit preferred by the present respondents on 13.01.2023.

Feeling dissatisfied, the plaintiff preferred an appeal in the Court of learned Additional District Judge-1, Mandi, District Mandi, H.P. on 10.04.2023. The learned first appellate court vide its judgment and decree dated 26.03.2024 accepted the appeal and decreed the suit filed by the plaintiff holding the plaintiff and proforma defendants No. 5 to 8 to be owner in possession of the suit land which was granted as Nautor land under Antodaya Scheme and entries in revenue record showing the suit land in the ownership of State of H.P., and in possession of Forest department are declared as null and void, not binding on the rights of plaintiff and proforma defendants No. 5 to 8 and further the defendants are permanently prohibited from dispossessing the plaintiff and defendants Nos. 5 to 8 from the suit land.

Feeling dissatisfied, the State has filed the present regular second appeal before this Court. The State/appellants filed the appeal on 21.08.2025.

In the application, it has been averred that the appeal against the impugned judgment could not be filed within time before this Court due to the reason that after the receipt of certified copy of the impugned judgment and decree, the matter was dealt by the office of District Attorney and thereafter the case file was sent to Principal Secretary (Revenue) to the Government of Himachal Pradesh and the Law department. That the opinion of the law department was received in the matter and directions to file appeal was received from the government. It has been averred that the delay was neither intentional nor willful but time was consumed in obtaining the required opinion and permissions from the higher authorities for filing the appeal. That the certified copy of the impugned judgment and decree was applied on 26.03.2024 and the same was attested on 10.04.2024 and received on 12.04.2024. The final opinion for filing appeal was prepared on 25.04.2024 and was sent to the defendants.

AS per applicants, the matter was examined by the law department on 20.06.2024 which opined that the impugned judgment has to be assailed in the appeal and the same has been received in the office on 29.06.2024, through Additional Chief Secretary (Revenue) to the Govt. of Himachal Pradesh vide letter dated 24.06.2024. That after receipt of the opinion from the government, it was forwarded to the office of District Attorney, Mandi on 16.07.2024, but due to clerical mistake it has been wrongly mentioned in the letter that the order passed by the learned Court is just and proper. Thereafter, District Attorney, Mandi has again forwarded the case file to the office of deponent i.e. Collector, Mandi on 22.07.2024 and informed that the findings are contrary to the opinion of law department. Again the matter was put up by the dealing assistant on 21.08.2024 through E-office and in the meanwhile the file along with entire record was inadvertently misplaced due to rush of work and when the file was again traced on 04.04.2025, the same was forwarded to the office of Principal Secretary (Revenue) for filing the appeal vide letter dated 07.04.2025. That the Principal Secretary to the Govt. of H.P. vide letter dated 22.05.2025 has directed the applicant to file appeal before this Court and thereafter District Attorney, Mandi was directed on 19.06.2025 to prepare the appeal. It has been prayed that the delay of 407 days in filing the appeal be condoned.

Reply to the said application has been filed by the private respondents by denying all the averments as made in t