Office Notes, reports, orders or proceedings SL. Date or directions and COURT’S OR JUDGE’S ORDERS No.

Registrar’s order with Signatures S.A. NO. 137 of 2022 Hon’ble Vivek Bharti Sharma, J.

Mr. Siddhartha Sah, learned counsel for the appellants.

2. Mr. Vinodanand Barthwal, learned counsel for respondent.

3. A Recall Application (IA 3 of 2024) along with Delay Condonation Application (IA 2 of 2024) is filed by the respondent to recall the order dated 19.12.2023 passed by the Coordinate Bench of this Court.

5. Not objected to by learned counsel for the appellants.

6. Cause shown is found sufficient. Delay is condoned. The delay condonation application is allowed.

7. Heard on Recall Application (IA 3 of

2025).

8. Learned counsel for the respondent would submit that on 19.12.2023, when the appeal was listed for hearing, the counsel for respondent suddenly fell ill and could not contact anyone for appearance in the present case, therefore, he has requested to recall the order dated

19.12.2023.

9. The request is not opposed by learned counsel for the appellant.

10. For the reasons stated as above, the Recall Application is allowed. Order dated 19.12.2023 is hereby recalled.

11. Heard on admission of the Second Appeal. 12. This appeal is filed against the judgment and decree dated 05.07.2019 passed by learned Civil Judge (Junior Division), Pauri Garhwal in Civil Suit No. 10 of 2013 as well as the judgment and decree dated 04.08.2022 passed by learned District Judge, Pauri Garhwal in Civil Appeal No. 14 of 2019, whereby the Civil Appeal of the appellant/defendant has been dismissed.