Himachal Pradesh High Court
Sh. Med Ram vs . Sh. Anil Kumar & Ors on 25 August, 2023
Sh. Med Ram vs. Sh. Anil Kumar & Ors RSA No. 154 of 2012 .
25.08.2023 Present: Mr. Romesh Verma, Senior Advocate with Ms. Shruti Sharma, Advocate, for the appellant.
Mr. Karun Negi, Advocate, for respondents No. 1 and 2.
CMP No. 3491 of 2023 of This application has been filed by the appellant namely Sh. Med Ram under Order 1, Rule 10 CPC read with Section 151 CPC with a prayer to implead Sh. Mahender Singh rt S/o Sh. Blar Singh, S/o Sh. Bholar Singh, resident of Nursing Mandir, Tank Road, Ward No.9, Tehsil and District Solan, H.P. as Respondent No.5 in the instant appeal.
The present application was listed on 10th April, 2023 and again on 4th August, 2023 when, the non-
applicants/respondents No. 1 and 2 were granted time to file reply, but today also no reply has been filed. Sh. Karun Negi, learned counsel appearing for respondents has made a statement at the bar that he does not oppose the grant of prayer made in the application. Accordingly, keeping in view the averments made in the application as well as the statement made before this Court, the present application is allowed and Sh. Mahender Singh S/o Sh. Blar Singh, S/o Sh. Bholar Singh, resident of Nursing Mandir, Tank Road, Ward No.9, Tehsil and District Solan, H.P. is ordered to be impleaded as party-respondent No.5 in the instant appeal.
Amended memo of parties be filed within two weeks. The application stands disposed of.
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This application has been filed by the appellant Sh. Med Ram, under Order 39, Rule 1 & 2 CPC, with a prayer to restrain the respondents from creating any charge and alienating suit property in any manner, changing nature of suit land in any manner and also from committing acts of wastage, of loss and damage to suit land/property, directly or indirectly in any property.
rt A perusal of para 4 of the application reveals that respondent No.1 Sh. Anil Kumar has sold a portion of the suit land to the newly added Respondent No.5-Sh. Mahender Singh S/o Sh. Blar Singh, S/O Sh. Bholar Singh, R/o Nursing Mandir, Tank Road Ward No.9, Solan, Tehsil and District Solan, H.P. qua which mutation has also been attested on 7.6.2021 by the revenue agencies.
The present application was listed on 10th April, 2023 and again on 4th August, 2023 when, the respondents were directed to file reply to the aforesaid application.
Since no reply has been filed by the respondents to the aforesaid application, therefore, keeping in view the averments made in paras 4 to 6 of the application and the prima facie case, balance of convenience coupled with the fact that the appellants-applicants shall suffer irreparable loss, in case the non-applicants/respondents, including the newly added respondent No.5 is not restrained from creating any charge and alienating suit property in any manner, changing ::: Downloaded on - 25/08/2023 20:36:57 :::CIS nature of suit land in any manner and also from committing .
acts of wastage, loss and damage to suit land/property, directly or indirectly in any property.
Accordingly, this Court is of the considered view that the present application deserves to be allowed. Ordered accordingly. The parties are directed to "maintain status quo", of existing as on today, qua the nature and possession of the suit land, in Khasra No. 61 and 64, measuring 4 bigha 14 biswas, rt in village Phanwan-Kannita as stated in the application. The application stands disposed of.
RSA No. 154 of 2012As prayed, list on 8th September, 2023.
(Ranjan Sharma) Judge 25th August, 2023 (himani) ::: Downloaded on - 25/08/2023 20:36:57 :::CIS