Himachal Pradesh High Court
Santosh Kumari & Others vs . Premu Alias Prem Dass on 5 August, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Santosh Kumari & others vs. Premu alias Prem Dass & others .
CMPMO No.347 of 2022 05.08.2022 Present: Mr.R.K. Bawa, Senior Advocate, alongwith Mr.Ajay Kumar Sharma, Advocate, for the petitioners.
CMPMO No.347 of 2022 Notice, returnable on next date of hearing, on taking steps within three days, be issued to the respondents through ordinary mode as well as through Registered A.D. CMP No.10833 of 2022 Notice in the aforesaid terms.
Learned counsel for the petitioners submits that impugned order has been passed in favour or against dead persons despite bringing the fact of death of some parties in the notice of the Adjudicatory Authority and further that some of the persons, who have received compensation of their share, have been allotted full share in the remaining land despite the fact that either they will not have any right in the joint property or lesser share after deducting acquired land for which they have received compensation, from their share and resultantly in case excess land allotted to them is transferred in their name, they shall be alienating or disposing of the said property causing irreparable loss to the petitioners and further that, by allotting 'Raasta Share-Aam' in the share of the petitioners less useable land has been allotted to them amounting to reduction in the share of the petitioners.
An application under Order 1 Rule 10 CPC alongwith Death Certificates of dead persons, mentioned in memo of the parties of the impugned order, has also been filed for impleading ::: Downloaded on - 06/08/2022 20:03:22 :::CIS their legal heirs/legal representatives as party and they have .
been reflected as respondents in present main petition.
In aforesaid facts and circumstances, a prima facie case is made out for ad-interim stay and accordingly execution and operation of impugned order dated 23.04.2022, passed by learned Financial Commissioner (Appeals), Himachal Pradesh at Shimla, in Revision Petition No.106 of 2019, titled as Santosh Kumari & others vs. Premu @ Prem Dass & others, shall remain stayed with further direction to defer partition proceedings, under reference, till next date of hearing.
List on 20.09.2022.
Petitioners are permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the trial Court/authorities concerned, and the said Court/authorities shall not insist for production of a certified copy but if required, may verify passing of order from Website of the High Court.
Copy dasti on usual terms.
(Vivek Singh Thakur) Judge August 5, 2022 (Purohit) ::: Downloaded on - 06/08/2022 20:03:22 :::CIS