Himachal Pradesh High Court
Swati Storewel Pvt. Ltd vs . National Research on 22 March, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Swati Storewel Pvt. Ltd Vs. National Research Development Corporation and others.
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RFA No. 281 of 2005 22.3.2023 Present: Mr.Subhash Chander, Advocate, vice Mr.Dushyant Dadwal, Advocate, for the appellant.
Mr.Prashant Sharma, Advocate, for respondent No. 1. Respondent No. 2 proceeded ex parte on 22.10.2021.
Respondent No. 3 is stated to have expired.
CMP (M) No. 1429 of 2022 Notice issued to proposed respondent, i.e. legal heir of respondent No. 3 stands duly served, but there is no representation on her behalf.
Respondent No. 3 was original Judgment Debtor in the case and in Execution Petition he was duly served by way of publication and was proceeded ex parte.
After service of respondent No. 3, present appellant claiming its possession on plot in reference, filed objection against execution of decree passed against Judgment Debtor M/s Himachal Carbon Products and R.K. Gupta proprietor of M/s Himachal Carbon Products, which have been dismissed and, therefore, appellant has preferred this appeal.
In aforesaid circumstances matter is adjourned, enabling the parties to have instructions as to whether ::: Downloaded on - 22/03/2023 20:38:55 :::CIS respondent No. 3 R.K. Gupta is required to be substituted through his legal heirs or deserves to be deleted being not .
necessary party for adjudicating present appeal.
As prayed, list for consideration on 28th March, 2023.
(Vivek Singh Thakur), Judge.
22nd March, 2023 (Keshav) ::: Downloaded on - 22/03/2023 20:38:55 :::CIS .
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