Himachal Pradesh High Court
Ravi Sood vs . Sada Nand Attri on 20 March, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Ravi Sood vs. Sada Nand Attri .
RSA No. 218 of 2021 with RSA No. 453 of 2018 RSA No. 218 of 2021 20.03.2023 Present: Mr. Sudhir Thakur, Sr. Advocate with Mr.Ankush Verma, Advocate for appellant.
Mr. Pratap Singh Goverdhan, Sr. Advocate with Mr.Chaman Goverdhan, Advocate for respondent No.1.
None for respondent No.2.
RSA No. 453 of 2018 Mr. Sudhir Thakur, Sr. Advocate with Mr.Ankush Verma, Advocate for the appellant.
Mr. Pratap Singh Goverdhan, Advocate for the respondent.
RSA No. 218 of 2021 Learned counsel for appellant submits that respondent No.2 has not contested the suit as well as first appeal before the Courts below as he did not appear in Courts below after his service and therefore, learned counsel for appellants, as per amended provisions of Sub-rule 3 of of Rule 4 of Order 41 CPC as applicable to Himachal Pradesh, has prayed for dispensation from serving respondent No.2.
The addition carried out, as applicable to Himachal Pradesh in the aforesaid provisions, reads as under:-
"DELHI, HIMACHAL PRADESH AND PUNJAB, HARYANA AND CHANDIGARH-(i) Add the following as sub-rule (3):
"(3) it shall be in the discretion of the appellate court to make an order, at any stage of the appeal whether on the application of any party or on its own motion, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the court whose decree is complained of, or at any ::: Downloaded on - 20/03/2023 20:33:50 :::CIS proceedings subsequent to the decree of that court, or on the legal representatives of any such respondent:
.
Provided that-
(a) that court may require notice of the appeal to be published in any newspapers or in such other manner as it may direct:
(b) no such order shall preclude any such respondent or legal representative from appearing to contest the appeal............."
In view of above, service of respondent No.2 is dispensed with with liberty to him to join the proceedings at any stage if desired so.
List for consideration/hearing after four weeks.
CMP No. 14777 of 2021 in RSA No. 218 of 2021 Execution and operation of impugned judgment and decree dated 31.10.2015 passed by learned Civil Judge (Junior Division) Kasauli, District Solan HP in Civil Suit No.96/1 of 2011 titled as Sada Nand Attri vs. Ravi Sood, affirmed by learned District Judge, Solan vide judgment and decree dated 08.10.2021 in Civil Appeal No. 10-S/13 of 2021/15 shall remain stayed till next date of hearing.
However, parties are directed to maintain status quo qua nature, possession and title of property in dispute and are also directed not to create any encumbrance or third party right thereon during pendency of appeal.
Application stands disposed of. Alteration, modification and vacation on motion.
RSA No. 453 of 2018List for consideration/hearing after four weeks.
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CMP No. 10465 of 2018 in RSA No. 453 of 2018 Parties are directed to maintain status quo qua nature, possession and title of property in dispute and are also directed not to create any encumbrance or third party right thereon during pendency of appeal.
Application stands disposed of. Alteration, modification and vacation on motion.
March 20, 2023 (Vivek Singh Thakur)
(ms) Judge
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