Himachal Pradesh High Court
Laxmi & Others vs . Rup Devi & Others. on 17 April, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Laxmi & others Vs. Rup Devi & others.
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RFA No. 301 of 2004 17.4.2023 Present: Mr.Karan Singh Kanwar, Advocate, for the appellant No. 2.
Appellant No. 1 and 3 have expired.
Ms.Garima Kuthiala, Advocate, for respondent No. 1. Respondents no. 2 to 10 are already ex parte.
CMP (M) No. 512 of 2021 Three days further time, as prayed, is granted to file supplementary affidavit.
List for consideration after three weeks.
CMP (M) No. 1561 of 2022 Reply, as prayed, be filed within three weeks.
Though, as per report of Registry, notice issued to appellants No. 1(a) to 1(d) and 1(f) to 1(g) have not been received back after service and notice issued to proposed appellant No. 1(e) has been received back unserved, however, Mr.Vaibhav Kanwar, Advocate working with Mr.Karan Singh Kanwar, Advocate had put in appearance on behalf of proposed legal heirs on 28.2.2023.
Mr.Karan Singh Kanwar, Advocate appearing today submits that Mr.Vaibhav Kanwar, Advocate had put in appearance on behalf of proposed LRs under his instructions, which were imparted to him on the basis of telephonic ::: Downloaded on - 17/04/2023 20:43:11 :::CIS instructions received from the proposed legal representatives .
of deceased appellant No. 1, but thereafter only proposed appellant No. 1(b) Rajo Devi has come forward to sign Power of Attorney/Vakalatnama. Other proposed appellants are not coming forward and, therefore, he is not able to represent them. Learned counsel further submits that he intends to have current instructions on behalf of other proposed appellants by next date, failing which the contesting appellant shall be constrained to pray for arraying other proposed appellants as performa respondents in the appeal.
Accepting his request, he is directed to have instructions on behalf of other legal heirs of deceased appellant No. 1 and to file Power of Attorney on their behalf and in absence thereof, to take appropriate steps in accordance with law.
List for consideration after three weeks.
(Vivek Singh Thakur), Judge.
17th April, 2023.
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