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Himachal Pradesh High Court

Jai Singh vs . Savitri Devi And Another on 17 March, 2023

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

Jai Singh vs. Savitri Devi and another .

FAO No. 43 of 2023 17.03.2023 Present: Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Rachna Kuthiala Advocate for the appellants.

Ms. Suchitra Sen, Advocate for respondent No.1.

Notice not issued to respondent No.2.

Notice.

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                         FAO No.43 of 2023

Ms. Suchitra Sen, Advocate, waives service and accepts notice on behalf of respondent No.1 and seeks time to file power of attorney. Be filed within one week, as prayed.

Respondent No.2, in the present proceedings, was respondent No.5 before District Judge, Mandi and as per finding returned by the District Judge, he has not been found to have violated the orders of the Court and therefore, he is not aggrieved. Further in case of allowing or dismissal of present appeal, his interest is not going to be affected in any manner.

Therefore, no notice is required to be issued to respondent No.2. Accordingly, service of respondent No.2 is dispensed with.

Record be requisitioned.

List for consideration after four weeks.

Reply, as prayed, be filed within one week.

Rejoinder thereto be filed within two weeks thereafter.

In the meanwhile attachment of property in .

furtherance to impugned order dated 20.02.2023 passed in CMP No. 137 of 2016, titled as Savitri Devi and another versus Jai Singh and others shall continue. However, neither the property shall be sold nor demolished and appellants shall also not be detained in imprisonment in execution of impugned order, till next date.

However, it is made clear that the appellants shall maintain status quo, qua construction of disputed property/structure in reference as exists on date, till next date.

(Vivek Singh Thakur), Judge 17th March, 2023 (subhash) ::: Downloaded on - 20/03/2023 20:32:48 :::CIS