Himachal Pradesh High Court
Puran Chand vs . State Of H.P. on 15 March, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Puran Chand vs. State of H.P. .
Cr.M.P.(M) No.382 of 2022 15.03.2022 Present: Mr.Nikhil Chugh, Advocate, vice Mr.Manoj Pathak, Advocate, for the petitioner.
Mr.Kuldeep Chand, Deputy Advocate General, for the respondent-State.
Learned Deputy Advocate General seeks further time to file response/status report and produce the record.
Response/status report be filed and record be produced on next date of hearing.
List on 25.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Devi Singh vs. State of H.P. .
Cr.M.P.(M) No.383 of 202215.03.2022 Present: Mr.Nikhil Chugh, Advocate, vice Mr.Manoj Pathak, Advocate, for the petitioner.
Mr.Kuldeep Chand, Deputy Advocate General, for the respondent-State.
Learned Deputy Advocate General seeks further time to file response/status report and produce the record.
Response/status report be filed and record be produced on next date of hearing.
List on 25.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Hari Chand vs. State of H.P. .
Cr.M.P.(M) No.384 of 202215.03.2022 Present: Mr.Nikhil Chugh, Advocate, vice Mr.Manoj Pathak, Advocate, for the petitioner.
Mr.Kuldeep Chand, Deputy Advocate General, for the respondent-State.
Learned Deputy Advocate General seeks further time to file response/status report and produce the record.
Response/status report be filed and record be produced on next date of hearing.
List on 25.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Gyan Prakash vs. State of H.P. .
Cr.M.P.(M) No.385 of 202215.03.2022 Present: Mr.Nikhil Chugh, Advocate, vice Mr.Manoj Pathak, Advocate, for the petitioner.
Mr.Kuldeep Chand, Deputy Advocate General, for the respondent-State.
Learned Deputy Advocate General seeks further time to file response/status report and produce the record.
Response/status report be filed and record be produced on next date of hearing.
List on 25.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Nicolas Chinedu vs. State of H.P. .
Cr.M.P.(M) No.312 of 202215.03.2022 Present: Mr.N.K. Thakur, Senior Advocate, alongwith Mr.Karan Veer Singh, Advocate, for the petitioner.
Mr.Kuldeep Chand, Deputy Advocate General, for the respondent-State.
SI Ajeet Singh, Police Station Una Sadar, District Una, H.P., is present in person.
r to Status report stands filed.
List for consideration on 24.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Mhabeni Envy vs. State of H.P. .
Cr.M.P.(M) No.313 of 202215.03.2022 Present: Mr.N.K. Thakur, Senior Advocate, alongwith Mr.Karan Veer Singh, Advocate, for the petitioner.
Mr.Kuldeep Chand, Deputy Advocate General, for the respondent-State.
SI Ajeet Singh, Police Station Una Sadar, District Una, H.P., is present in person.
r to List for consideration on 24.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Roop Singh vs. State of H.P. .
Cr.M.P.(M) No.2471 of 202115.03.2022 Present: Mr.Kulwant Singh Gill, Advocate, for the petitioner.
Mr.Raju Ram Rahi, Deputy Advocate General, for the respondent-State.
ASI Atma Ram, Police Station Rajgarh, District Sirmour, H.P., is present in person.
Fresh status report alongwith communication received by the SHO from Dr.Virandra Mohan, who is treating son of the petitioner, stands filed.
List for consideration on 21.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Pankaj Tanwar vs. State of H.P. .
Cr.M.P.(M) No.2467 of 202115.03.2022 Present: Mr.Anirudh Sharma, Advocate, for the petitioner.
Mr.Kuldeep Chand, Deputy Advocate General, for the respondent-State.
Arguments heard. Order reserved.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Suresh Kumar vs. State of H.P. .
Cr.M.P.(M) No.2253 of 202115.03.2022 Present: Mr.Peeyush Verma, Advocate, for the petitioner.
Mr.Raju Ram Rahi, Deputy Advocate General, for the respondent-State.
Inspector Shyam Tomar, 2nd Irbn Sakoh, Dharamshala, is present in person.
Fresh status report stands filed.
r Record has been produced, but it is not complete.
Therefore, as prayed, matter is adjourned for production of complete record.
List on 17.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Ranjan Goel vs. State of H.P. & connected matter .
Cr.M.P.(M) Nos.1009 and 1011 of 2021 15.03.2022 Present: Mr.K.D. Shreedhar, Senior Advocate, alongwith Ms.Shreya Chauhan, Advocate, for the petitioner(s).
Mr.Kuldeep Chand, Deputy Advocate General, for the respondent-State.
List for continuation on 17.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS State of H.P. & another vs. Kewal Ram & others.
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RFA No.147 of 202115.03.2022 Present: Ms.Rameeta Rahi, Additional Advocate General, for the appellants.
Mr.Rajat Kumar, Advocate, vice Mr.Ramesh Sharma, Advocate, for respondents No.1, 3(a) to 3(e) and 4.
Respondent No.2 has expired.
CMP No.2359 of 2022 a/w CMP(M) No.269 of 2022 r These applications have been filed for recalling/setting aside order dated 06.12.2018 passed against respondent No.4, after condonation of delay in filing the application for setting aside the said order.
For the reasons stated in application(s), respondent No.4 is permitted to join the proceedings henceforth.
Application(s) stand disposed of.
CMP No.2358 of 2022This application has been filed for placing on record factum of death of respondent No.2. Copy of application already stands supplied to the non-applicants/appellants, whereby this fact stands notified to the appellants. Therefore, application is disposed of.
CMP No.2360 of 2022Response/instructions to the application, as prayed, be filed/obtained within two weeks.
List after two weeks.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Rajlakshmi Chemical Industries through its Partner vs. Pamwi Tissues Ltd.
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Execution Petition No.32 of 2021 15.03.2022 Present: Mr.Pranay Pratap Singh, Advocate, for the Decree Holder.
On request of learned counsel for the Decree Holder, matter is adjourned.
List for consideration on 29.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Mritunjay Tripathi vs. State of H.P. & others .
Execution Petition No.13 of 2021 15.03.2022 Present: Ms.Shradha Karol, Advocate, for the Decree Holder.
Mr. Raju Ram Rahi, Deputy Advocate General, for Judgment Debtor Nos.1, 3 and 4.
None for Judgment Debtor No.2.
Mr.Gurinder Singh Parmar, Advocate, for Judgment Debtor No.5.
r Replies stand filed on behalf of all the Judgment Debtors. Rejoinder(s) thereto, as prayed, be filed within further period of four weeks.
List on 29.04.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Satya Prakash vs. Vidya Sagar .
Civil Suit No.110 of 202015.03.2022 Present: Mr.B.M. Chauhan, Senior Advocate, alongwith Mr.Amit Himalvi, Advocate, for the plaintiff.
Mr.Gurinder Singh Parmar, Advocate, for the defendant.
Case has been listed being in Production List, but was not reflected in the Daily Cause List as well as Supplementary List, released by the Registry yesterday for today and, therefore, parties are not present today.
In view of above, as prayed, matter is adjourned for presence of parties.
List on 22.03.2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS The State of H.P. & others vs. Kewal Krishan Sharma .
RSA No.184 of 2020-G 15.03.2022 Present: Mr. Raju Ram Rahi, Deputy Advocate General, for the appellants.
Mr.Mukesh Sharma, Advocate, vice Mr.Rajiv Rai, Advocate, for the respondent.
CMP No.7773 of 2020As per report of the Registry, entire decretal amount alongwith up-to-date interest in terms of order dated 25.08.2020 has not been deposited till date. Time to deposit the said amount is extended up to 30.04.2022 and subject to deposit of the same, in terms of order dated 25.08.2020, passed in this application is made absolute during pendency of the appeal.
Alteration/vacation/modification on motion.
Application stands disposed of.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Pohu Lal @ Rangi vs. Manjeet Singh & another .
RSA No.34 of 2020 a/w RSA No.32 of 2020 15.03.2022 Present: Ms.Amita Chandel, Advocate, vice Mr.Garima Kuthiala, Advocate, for the appellant(s) in both the appeals.
Mr.Basant Thakur, Advocate, vice Ms.Devyani Shama, Advocate, for the respondent(s) in both the appeals.
RSA Nos.34 of 2020 & 32 of 2020 On request of learned counsel appearing for the appellant(s), matters are adjourned.
List for consideration after three weeks.
CMP No.897 of 2020 in RSA No.34 of 2020 CMP No.876 of 2020 in RSA No.32 of 2020 Orders dated 10.01.2020, directing the parties to maintain status quo qua nature, possession and title of the suit land, are made absolute during pendency of the appeals.
Alteration/vacation/modification on motion.
Applications stand disposed of.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS State of H.P. & another vs. Baldev Singh & others .
RFA No.438 of 201915.03.2022 Present: Mr.Kuldeep Chand, Deputy Advocate General, for the the appellants.
Mr.Hem Chand Sharma, Advocate, for respondents No.1, 2(a) to 2(c) and 3(a) to 3(f).
CMP(M) No.1054 of 2021This application has been filed for substitution of deceased respondent No.3 Durma Devi through her legal heirs.
As per legal heir certificate placed on record by applicants-appellants, following persons are natural legal heirs of deceased Durma Devi:-
Sl.No. Name Age Relation
Year month
1. BALDEV 62 0 SON
CHAUHAN
2. VIDYA DEVI 60 0 DAUGHTER
3. AKSHAY KUMAR 25 0 GRAND SON
4. KUSUM LATA 54 0 DAUGHTER IN LAW
5. ANTRA DEVI 27 0 GRAND DAUGHTER
6. SUMITRA DEVI 52 0 DAUGHTER
Out of aforesaid persons Baldev Chauhan, Kusum Lata, Akshay and Antra Devi are already on record as respondents No.1, 2(a) to 2(c).
Reply has been filed, wherein it has been claimed that deceased Durma Devi was having four children namely Baldev Chauhan, Gopal Singh (both sons), Vidya Devi and Sumitra Devi (both daughters). It has further been stated that Durma Devi had executed a Will in favour of Baldev Chauhan and Gopal Singh excluding Vidya Devi and Sumitra Devi. Before death of Durma Devi, Gopal Singh has expired and his natural legal heirs are his ::: Downloaded on - 16/03/2022 20:12:32 :::CIS wife and children i.e. Kusum Lata, Akshay and Antra Devi. Copy of .
mutation No.84 dated 22.03.2021 has been placed on record, wherein it has been recorded that Durma Devi had executed a Will in favour of her sons Baldev Chauhan and Gopal Singh, but Gopal Singh has expired prior to Durma Devi and, therefore, on the basis of Will and succession of Gopal, estate of Durma Devi has been inherited by Baldev Chauhan, Kusum Lata, Akshay and Antra Devi, r to wherein Kusum Lata, Akshay and Antra Devi had inherited half of the estate of Durma Devi. Whereas, another half portion of estate of Durma Devi has been inherited by Baldev Chauhan. This mutation has been attested in presence of Sumitra Devi and Vidya Devi, who had communicated no objection for devolving estate of Durma Devi on the basis of Will.
Land in reference is comprised in Khasra Nos.171, 179, 180 and 184 on which land is the same, which is subject matter of the acquisition and Reference Petition.
Baldev Chauhan, Kusum Lata, Akshay and Antra Devi are already on record, therefore, name of Durma Devi is ordered to be deleted from the array of parties with clarification that amount of compensation falling in her share has to be apportioned in two equal shares i.e. one share will go to Baldev Chauhan and another share will go to Kusum Lata, Akshay and Antra Devi.
Application is disposed of in aforesaid terms.
RFA No.438 of 2019Amended memo of parties be filed within two weeks.
List for hearing in due course.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS G.M. Northern Railways & others vs. Ganesh Dutt & others .
RFA No.246 of 201915.03.2022 Present: Ms.Kiran Negi, Advocate, vice Mr.Rahul Mahajan, Advocate, for the appellant.
Ms.Kamlesh Kumari, Advocate, vice Mr.H.S. Rana, Advocate, for respondents No.1 to 3, 5, 6 and 7(a) to 7(e).
Respondent No.4 is stated to have expired.
Mr. Raju Ram Rahi, Deputy Advocate General, for r respondents No.8 and 9.
On persuasive request of learned counsel appearing for the appellant, four weeks' further time is granted to take consequential steps on account of death of respondent No.4.
List thereafter.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Gaurav Garg & others vs. Ajay Verma .
Civil Suit No.48 of 201915.03.2022 Present: Mr.Karun Negi, Advocate, for the plaintiffs.
Mr.Rajneesh K. Lal, Advocate, vice Ms.Shweta Joolka, Advocate, for defendant No.1.
None for defendants No.2 to 4.
Mr.Rakesh Thakur, Advocate, vice Mr.P.S. Goverdhan, Advocate, for defendant No.5.
r CS No.48 of 2019 & OMP No.218 of 2019 One week's further time, as prayed, is granted to file replication(s) as well as rejoinder(s) to the written statements/replies.
List for consideration after two weeks.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Sher Singh (deceased) through LRs vs. Raghubir Singh & others .
RSA No.425 of 2018-A 15.03.2022 Present: Mr.Ajay Thakur, Advocate, vice Ms.Aanandita Sharma, Advocate, for the appellants.
Mr.Dheeraj K. Vashisht, Advocate, for respondent NO.1.
Respondents No.2, 5 and 6 are ex parte vide order dated 14.09.2020.
Ms.Shashi Kiran, Advocate, vice Mr.Pawan Sharma, r Advocate, for respondent No.3(a).
Mr.Shaurya Sharma, Advocate, vice Mr.Tara Singh Chauhan, Advocate, for respondent No.4.
Respondent NO.8 is ex parte vide order dated 20.12.2020.
Fresh steps for dasti service of respondent No.7 be taken within two days. On taking such steps, dasti notice be issued to the said respondent, returnable within four weeks.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS State of H.P. & another vs. Sudhir Kumar Gupta .
Arb. Case No.22 of 201815.03.2022 Present: Mr. Raju Ram Rahi, Deputy Advocate General, for the petitioners.
Mr.Kapil Dev Sood, Senior Advocate, alongwith Mr.Rahul Gathania, Advocate, for the respondent.
List for framing of issues after three weeks.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Sub Divisional Officer-cum-LAC vs. Rakesh Kumar .
RFA No.87 of 201815.03.2022 Present: Ms.Rameeta Rahi, Additional Advocate General, for the appellant.
Mr.Ajay Thakur, Advocate, vice Ms.Aanandita Sharma, Advocate, for respondent No.1.
Mr.R.K. Gautam, Senior Advocate, alongwith Mr.Rishab Chandel, Advocate, for proposed respondents in CMP Nos.14765 and 14766 of 2019.
Ms.Komal Chaudhary, Advocate, for proposed respondents in CMP Nos.3518 of 2021 and 3521 of 2021.
CMP(M) No.631 of 2021Reply on behalf of non-applicant/appellant, stated to have been filed, is not on record, as it is lying under objection.
Objection be removed within a week.
List for consideration after two weeks.
CMP Nos.14765 of 2019 and 3518 of 2021 List for consideration after two weeks.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS State of H.P. vs. Sher Mohammad & others .
Cr.Appeal No.316 of 201715.03.2022 Present: Mr. Raju Ram Rahi, Deputy Advocate General, for the appellant.
Mr.Ajay Thakur, Advocate, vice Ms.Aanandita Sharma, Advocate, for respondents No.1 and 3.
Mr.Ashok Kumar Verma, Advocate, for respondent No.2.
None for respondents NO.4 and 5 (Proclaimed offenders warrants issued stand duly served). r As prayed, list for consideration after two weeks in terms of order passed on 19.10.2021.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Barfi Ram vs. Kaka Ram (deceased) through LRs.
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RSA No.271 of 2016-D 15.03.2022 Present: Ms.Parul Negi, Advocate, vice Mr.Suneet Goel, Advocate, for the appellant.
Mr.Dalip K. Sharma, Advocate, for respondents No.1(b) to 1(e) Respondenets NO.1(a) and 1(g) are stated to have expired.
Respondent No.1(f) is ex parte vide order dated 28.12.2021.
r Consequential steps on account of death of respondents No.1(a) and 1(g) have not been taken. It was also informed on previous date by learned counsel appearing for respondents No.1(b) to 1(e) that appellant has also expired.
Learned counsel appearing for the appellant submits that she has not received any information and seeks further time to verify the facts and to take appropriate steps accordingly.
Accepting her prayer, matter is adjourned.
List in the third week of April, 2022.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS Prem Chand vs. Leela Devi & connected matter .
RSA No.11 of 2016 a/w RSA No.12 of 2016 15.03.2022 Present: Mr.Romesh Verma, Advocate, for the appellant(s) in both the appeals.
Mr.Sudhir Thakur, Senior Advocate, alongwith Mr.Karun Negi, Advocate, for respondents No.1 to 9, 10(a) to 10(d), respondents No.17(a) to 17(f), 19 (also arrayed as respondent No.27 being legal heir of Barbhi alias Pankhi Devi) and 27.
Respondents No.11, 12, 15, 16, 17, 18, 20 to 22 are ex parte vide order dated 05.12.2019.
Respondents No.13 and 23 are ex parte vide order r dated 16.12.2021.
Respondent No.14 stands deleted.
CMP(M) No.1167 of 2021 in RSA No.11 of 2016 This application has been filed for substitution of deceased respondent No.17 through his legal heirs mentioned in para-2 of the application.
Copy of death certificate indicating that respondent No.17 has expired on 06.01.2021, has been placed on record. It has been stated that there is no other legal heir except legal heirs proposed to be brought on record.
No objection has been communicated for allowing the application.
In view of above, respondent No.17-Khayali Ram is permitted to be substituted through his legal heirs mentioned in para-2 of the application as respondents No.17(a) to 17(f) respectively, after condonation of delay and setting aside abatement, if any.
Application stands disposed of.
RSA No.11 of 2016Amended memo of parties be filed within two weeks.
::: Downloaded on - 16/03/2022 20:12:32 :::CISList for hearing in due course.
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CMP(M) No.1168 of 2021 in RSA No.12 of 2016 This application has been filed for substitution of deceased respondent No.17 through his legal heirs mentioned in para-2 of the application.
Copy of death certificate indicating that respondent No.17 has expired on 06.01.2021, has been placed on record. It has been stated that there is no other legal heir except legal heirs proposed to be brought on record.
r No objection has been communicated for allowing the application.
In view of above, respondent No.17-Khayali Ram is permitted to be substituted through his legal heirs mentioned in para-2 of the application as respondents No.17(a) to 17(f) respectively, after condonation of delay and setting aside abatement, if any.
Application stands disposed of.
RSA No.12 of 2016Amended memo of parties be filed within two weeks.
List for hearing in due course alongwith RSA No.11 of 2016.
(Vivek Singh Thakur) Judge March 15, 2022 (Purohit) ::: Downloaded on - 16/03/2022 20:12:32 :::CIS