SPLA No.37/09 Hon’ble Dharam Veer, J. (Delay Condn. Appln. No.495/09) Mr. Sandeep Kothari, Adv. for the applicant/appellant. Mr. Nandan Arya, AGA for the State. Mr. N.S. Pundir, Adv. has put in appearance for Respondent Nos.2 to 4. Perused the delay condonation application supported by affidavit. There is delay of 34 days in filing the present appeal which has sufficiently been explained in the grounds stated in the affidavit filed in support of the application. Therefore, the delay condonation application is allowed. Delay of 49 days in filing the appeal is condoned. The appeal shall be treated to have been filed in time. Perused the judgment and order dated 31.01.2009 passed by Civil Judge (J.D.)/ Judicial Magistrate First Class, Kirti Nagar, Tehri Garhwal in Crl. Case No.44 of 2008, Moti Singh Vs. Padam Singh & others. Leave to appeal is granted. Admit the appeal. Summon the trial court record. List for final hearing in due course. (D.V., J.) 17.09.2009 Rdang