Himachal Pradesh High Court
State Of H.P. & Ors. vs . Munni Devi (Deceased) on 18 July, 2023
Author: Virender Singh
Bench: Virender Singh
State of H.P. & Ors. vs. Munni Devi (deceased) through Her LRs Rama Nand & ors.
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RFA No. 2 of 2020 18.7.2023 Present: Mr. Tejasvi Sharma, Mr. H.S. Rawat, Additional Advocates General with Ms. Avni Kochhar, Deputy Advocate General, for the appellant-State.
Mr. Romesh Verma, Senior Advocate with Mr. Hitesh Thakur, Advocate, for the respondents/applicants.
CMP No. 8384 of 2023 The present appeal has been preferred against the award dated 20.3.2018, passed by the Court of learned Additional District Judge-II, Shimla, H.P. in Land Reference No. 29-S/4 of 2016/2010.
After securing the presence of the respondent, the appeal was ordered to be admitted on 10.1.2020. On that day, while deciding the application under Order 41 Rule 5 read with Section 151 CPC, this Court passed the following order:-
"Subject to the appellant depositing the entire awarded amount along with up-to-date interest, within a period of six weeks from today, operation of the impugned award dated 20.03.2018, passed by learned Additional District Judge-II. Shimla, H.P., in Land Ref. No. 29-S/4 of 2016/2010, titled as Smt. Munni Devi versus State of Himachal Pradesh and others, shall remain stayed. Application stands disposed of."
The said order has not been complied with. Even on 22.5.2023, CMP No. 4410 of 2023, which has been moved for releasing the amount was allowed by this Court. In pursuance to the said order, Registry has made a report that no amount has been deposited in the Registry by the appellants till date in pursuance to ::: Downloaded on - 18/07/2023 20:48:14 :::CIS the order dated 10.1.2020. In this background, the present CMP has .
been moved.
Considering the factual position as well as the orders passed by this Court from time to time, as referred above, the application is allowed. The appellants are directed to deposit the entire decreetal amount alongwith up-to-date interest in the Registry of this Court within a period of four weeks from today, failing which, the applicants-respondents are at liberty to file the execution application for the execution of the award, which has been passed in their favour. Application is, thus, disposed of.
RFA No. 2 of 2020List the matter on 5th September, 2023.
( Virender Singh ) Judge July 18, 2023 (vs) ::: Downloaded on - 18/07/2023 20:48:14 :::CIS