Himachal Pradesh High Court
Dev Raj & Ors vs . Mulakh Raj & Ors on 23 April, 2022
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
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Dev Raj & ors Vs. Mulakh Raj & ors RFA No. 324 of 2014 23.4.2022 Present: Mr. Vikas Rajput, Advocate, for the appellants.
Mr. Karan Kapoor, Advocate vice Mr. Suneet Goel, Advocate, for the respondents.
It would be noticed that the decree passed by learned District Judge, Mandi was conditional, as is evident from para23 of the judgment, which reads as under:
"In view of the findings on the above issues, the suit of the plaintiff is decreed. A decree for possession of the house in dispute by way of specific performance of contract dated 27.7.2009 Ext. PW1/A is hereby passed against the defendant and in favour of the plaintiff directing the defendant to execute and register the sale deed of the house in dispute within three months from today on receipt of amount of Rs. 309156/ as per terms and conditions of agreement dated 27.7.2009 Ext. PW1/A on the condition that the plaintiff shall pay the entire outstanding loan amount regarding the house loan account No. 30106376131 to State Bank of India, Mandi upto 30.3.2013."
Both the parties claim to have deposited certain amounts in the bank/Court from time to time.
In such circumstances, let affidavit be filed by both the parties regarding the amounts, they claim to have so ::: Downloaded on - 23/04/2022 20:16:52 :::CIS deposited. The needful be done within four weeks. List on 1.6.2022.
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(Tarlok Singh Chauhan)
Judge
April 23, 2022
(Kalpana)
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Ankush Sharma Vs. Rattan Lal & ors
FAO(MVA) No. 53 of 2013
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23.4.2022 Present: Mr. T.S. Chauhan, Advocate, for the
appellant.
Mr. Divya Raj Singh, Advocate vice Mr. Jagdish Thakur, Advocate, for respondent No. 3.
Learned vice counsel appearing for respondent No. 3 prays for an adjournment of four weeks. Prayer allowed. List on 25.5.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Oriental Ins. Co. Ltd. Vs. Smt. Nagina & ors FAO(WCA) No. 24 of 2013 .
23.4.2022 Present: Mr. G.C. Gupta, Senior Advocate with Ms. Meera Devi, Advocate, for the appellant.
Since the counsel for respondent No. 1 has been elevated as Hon'ble Judge of this High Court, therefore, let fresh notice be issued to respondent No. 1, informing her this fact, returnable for 15.6.2022. His name be accordingly deleted from the cause list.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS The New India Assurance Co. Vs. Neeraj and others FAO(MVA) No. 13 of 2013 .
23.4.2022 Present: Mr. M.S. Katoch, Advocate vice counsel, for the appellant.
None for the respondents.
Learned vice counsel appearing for the appellant prays for an adjournment on the ground that 1.6.2022.
r to his briefs have been misplaced. Prayer allowed. List on (Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Oriental Insurance Co. Vs. Wasim Akram & ors FAO(MVA) No. 10 of 2013 .
23.4.2022 Present: Ms. Jyoti Dogra, Advocate vice counsel for the appellant.
Mr. Vishwa Bhushan, Advocate, for respondent No. 1.
Learned vice counsel appearing for the appellant prays for an adjournment on the ground that learned senior counsel, who has to conduct the case, is out of station. Prayer allowed. List on 1.6.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Krishna Devi Vs. Ram Chander FAO(HMA) No. 163 of 2012 .
23.4.2022 Present: Ms. Tanu, Advocate vice Mr. Raju Ram Rahi, Advocate, for the appellant.
Mr. Mehar Chand Sharma, Advocate, vice counsel for the respondent.
Learned vice counsel appearing for the appellant prays for an adjournment on the ground that the original counsel, who has to conduct the case, is out of station. Prayer allowed. List on 18.5.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS H.P. State Forest Corp. Ltd. Vs. Ashok Kumar RSA No. 231 of 2009 .
23.4.2022 Present: Mr. Mehar Chand, Advocate vice counsel for the appellant.
Mr. K.D. Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for the respondent.
As prayed for, list on 11.5.2022.
April 23, 2022 (Kalpana) to (Tarlok Singh Chauhan) Judge ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Subhadra Devi & ors Vs. Hans Raj RSA No. 213 of 2009 .
23.4.2022 Present: Ms. Anu Tuli, Advocate, for the appellants.
Mr. Lalit Kumar Sehgal, Advocate, for the respondent.
Learned counsel appearing for the appellants prays for and is granted an adjournment in order to r to ascertain the status of the parties. List on 1.6.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Yash Pal Singh Vs. Anil Kumar Khachi COPCT No. 936 of 2020 .
23.4.2022 Present: Mr. Vivek Singh Thakur, Advocate, for the petitioner.
Mr. Vinod Thakur, Addl. A.G., for the respondentsState.
Learned counsel for the petitioner prays for and is granted four weeks' time to file counter affidavit to the supplementary affidavit filed by the respondents. List on 25.5.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS H.P. Housing & Urban Devlop & anr Vs. Saroj Rastogi RSA No. 51 of 2009 .
23.4.2022 Present: Mr. Amit Singh Chandel, Advocate, for the appellant.
Mr. Naresh Kaul, Advocate, for the respondent.
Learned counsel appearing for the respondent states that he has filed an application for withdrawal of power of attorney, however, the same is not on record. Be traced and placed on record. List on 11.5.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Uttam Chand Vs. Sandeep Bhatnagar COPCT No. 964 of 2020 .
23.4.2022 Present: Mr. Naresh Kaul, Advocate vice counsel, for the petitioner.
None for the respondent.
As prayed for, list on 4.5.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Ashok Kumar Vs. Sandeep Bhatnagar COPCT No. 957 of 2020 .
23.4.2022 Present: Mr. Naresh Kaul, Advocate vice counsel, for the petitioner.
None for the respondent.
As prayed for, list on 4.5.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Sanyukta Thakur Vs. State of H.P.& ors CWPOA No. 3031 of 2019 .
23.4.2022 Present: None for the petitioner.
Mr. Ajay Vaidya and Mr. Rajinder Dogra, Sr. Addl. AGs with Mr. Vinod Thakur, Addl. A.G. and Mr.Rajat Chauhan, Law Officer, for the respondentsState.
Despite repeated calls, no one has put in appearance on behalf of the petitioner. However, in the interest of justice, the matter is adjourned. List on 11.5.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Reshma Poswal Vs. Namrata Dwivedi & others CR No. 37 of 2022 .
23.4.2022 Present: Ms. Kavita, Advocate vice Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. Umesh Kanwar, Advocate, for respondents No. 1 to 5.
Respondents No. 1 to 6 and 8 to 10 have been served, however, appearance has only been put on behalf of respondents No. 1 to 5 by Mr. Umesh Kanwar, Advocate. He prays for and is granted six weeks' time to file power of attorney.
As regards respondent No. 7, he has refused to accept the notice, therefore, he is deemed to have been served. List on 15.6.2022.
(Tarlok Singh Chauhan) Judge April 23, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Rajinder Kumar Vs. State of H.P. CWPOA No. 1670 of 2019 .
21.4.2022 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate, for the petitioner.
Mr. Vinod Thakur, Addl. A.G., for the respondentsState.
The letter dated 26.3.2009, as was directed vide previous order, has not been produced. Needful be done on the next date of hearing. List on 28.4.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Smt. Khimi Devi Vs. State of H.P. & others CWPOA No. 168 of 2019 .
21.4.2022 Present: Ms. Anaida Kuthiala, Advocate, for the petitioner.
Mr. Vinod Thakur, Addl. A.G., for the respondentsState.
Mr. Surinder Saklani, Advocate, for respondent No. 5.
The instant petition has been filed for the grant of following relief(s):
i) That the impugned appointment of respondent No. 5 Smt. Kamla Devi as Water Carrier in Govt.
Primary School, Naun by the respondents No. 1 to 3 be quashed and set aside.
ii) That the respondents No. 1 to 3 be directed to make the appointment of the applicant as Water Carrier in Govt. Primary School, Naun, after adopting proper and legal procedure as envisaged in various guidelines issued from time to time by the respondent No. 1State.
iii) That the respondent No. 4 be directed to allow the applicant Smt. Khimi Devi to join as Water Carrier at Govt. Primary School, Shala in accordance with her appointment letter dated 13.5.2002( Annexure A8)."
2. It is not in dispute that respondent No. 5Smt. Kamla Devi has since retired after attaining the age of superannuation, therefore, the respondentsState could well consider the case of the petitioner for appointment.
::: Downloaded on - 23/04/2022 20:16:52 :::CIS3. Let instructions in this regard be obtained on or before the next date of hearing. List on 5.5.2022.
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(Tarlok Singh Chauhan)
Judge
April 21, 2022
(Kalpana)
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HPPWD through LAC Vs. Kewal Ram & others & connected matters .
CMP(M) No. 126 of 2019 a/w CMP(M) Nos 1250 to 1261 of 2019, 1490, 1491 of 2019, 921 and 922 of 2020 21.4.2022 Present: Mr. Vinod Thakur, Addl. A.G. for the applicants/appellants.
Mr. Rupinder Singh, Advocate, for respondents No. 1, 4, 5, 7, 12, 17, 18, 22, 28 to 31, 38, 43,44, 49, 50,55, 57, 59, 60, 61, 63, 64, 65, 67, 68, 69, 79, 83, 85, 87 and 88. CMP(M) Nos 921 and 922 of 2020 Notices issued to proposed LRs 3(a) to 3(c ) are stated to be awaited. Be awaited for another two weeks. List on 5.5.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS HPSEB Ltd. Vs. M/s Indian Tecnomac Corp COMS No. 21 of 2019 .
21.4.2022 Present: Mr. T.S. Chauhan, Advocate, for the plaintiff.
Mr. Sanjay Dalmia, Advocate, for defendant No. 6.
On 3.3.2022, this Court passed the following order:
r to "Even though no ground is made out for granting further time to the plaintiffBoard to take steps for the service of defendants No. 1, 2 and 4, however, taking into consideration the public interest and the plaintiff being the State within the meaning of Article 12 of the Constitution, I deem it proper to grant six weeks' time to the plaintiffBoard to do the needful.
Ordered accordingly. List on 21.4.2022."
Even today, the order dated 3.3.2022 has not been complied with and two weeks' further time is prayed for, for taking steps for the service of defendants No. 1, 2 and 4. Even though, no ground is made out for granting further time, however, taking into consideration the persuasive submission made by learned counsel for the plaintiff, I deem it proper to grant two weeks' further time to take steps for the service of aforesaid defendants. It is made clear that in case the steps are not taken within the aforesaid period, the present suit shall be deemed to have been dismissed for want of prosecution, without further reference to the Court.
::: Downloaded on - 23/04/2022 20:16:52 :::CISList on 5.5.2022.
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(Tarlok Singh Chauhan)
Judge
April 21, 2022
(Kalpana)
r to
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Sh. Sant Ram & ors Vs. Sh.Chuni Lal @ Chuni Ram
RSA No. 153 of 2017
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21.4.2022 Present: Mr. P.S. Goverdhan, Advocate, for the
appellants.
Mr. Romesh Verma, Advocate, for
respondent No. 1.
Mr. J.L. Bhardwaj, Advocate, for
respondents No. 5 to 11.
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List for consideration on 28.4.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Subhash Chand Vs. Bhaue @ Dev Raj RSA No. 467 of 2015 .
21.4.2022 Present: Mr. Ishan Sharma, Advocate, for the appellants/applicants.
Mr. Prashant Sharma, Advocate, for respondent/nonapplicant No. 1.
CMP No. 4051 of 2022Notice. Mr. Prashant Sharma, Advocate appears and waives service of notice on behalf of non applicant No. 1. He prays for and is granted a week's time to file reply. List on 28.4.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Pushpa Devi Mishra Vs. Sanjeev Jha RSAs No. 17 and 59 of 2010 .
21.4.2022 Present: Mr. Janesh Gupta, Advocate, for the appellant.
Mr. Surinder Saklani, Advocate, for respondent No. 1(a).
CMPs No. 3727 of 2022 and 5685 of 2016 in RSA No. 17 of 2010 r Both these applications have been filed for early hearing of the instant appeal. Taking into consideration the averments made in the application, coupled with the fact that the civil suit, out of which the present proceedings emanate, was filed in the year 2000.
In such circumstances, the applications are allowed and disposed of.
RSAs No. 17 and 59 of 2010 List for final hearing on 16.6.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Karam Singh Vs. Parkash Chand & others CMPMO No. 81 of 2022 .
21.4.2022 Present: Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Sunny Moudgil, Advocate, for respondent No. 1.
Mr. Prashant Sharma, Advocate, for respondents No. 2 and 3.
The contesting parties are present in person who are not averse to make an endeavour to settle the matter amicably.
At the joint request of the parties, Mr. Naresh Sood, learned Senior Advocate is appointed as Mediator. The parties are directed to appear before him today at 1 p.m. in the Mediation Center.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS H.P. Primary Teachers Federation Vs. K.K.Pant & ors COPCT No. 928 of 2020 .
21.4.2022 Present: Mr. Peeyush Verma, Advocate, for the petitioner.
Mr. Rajinder Dogra, Sr.Addl. A.G. with Mr. Vinod Thakur, Addl. A.G., for the respondentsState.
Learned counsel for the petitioner prays for and is granted four weeks' time to file better particulars.
List on 26.5.2022.
(Tarlok Singh Chauhan)
Judge
April 21, 2022
(Kalpana)
::: Downloaded on - 23/04/2022 20:16:52 :::CIS
Dhani Ram Vs. Manoj Kumar
COPCT No. 589 of 2020 a/w CWPOA .
No. 3880 of 202021.4.2022 Present: Mr. Rajat Kumar Advocate vice Mr. Ramesh Sharma, Advocate, for the petitioner.
Mr. Rajinder Dogra, Sr.Addl. A.G. with Mr. Vinod Thakur, Addl. A.G., for the respondentsState.
Learned vice counsel for the petitioner states that he has filed an application for impleading the present incumbents as party respondents. However, the same is not on record. Be traced and placed on record.
List on 5.5.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Brij Mohan Vs. Upendra Prasad Singh & ors COPC No. 232 of 2019 with .
COPC Nos 72, 73, 117, 118 of 2016,214, 320 of 2017, 97, 267 of 2019, 19, 20, 26, 28, 29, 30, 33, 34, 35, 36, 37, 38, 154 of 2020 and COPC No. 100 of 2021.
21.4.2022 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Ajay K. Thakur, Mr. Mukul Sood, Mr. S.D. Vasudeva, Advocate, for the respective petitioner(s).
Mr. Rajinder Dogra, Sr.Addl. A.G. with Mr. Vinod Thakur, Addl. A.G., for the respondentsState.
Mr. Balram Sharma, ASGI, for respondent No. 1UOI in COPC Nos 232/2019, 72/2016, 73/2016, 214/2017, 97/2019, 320/2017, 117/2016 and 118/2016.
Mr. Ganesh Barowalia, Advocate vice Mr. Yashwardhan Chauhan, Advocate, for respondent No. 3Government of Rajasthan.
Learned vice counsel appearing for respondent No. 3 prays for an adjournment on the ground that the original counsel is to undergo an eye operation. Prayer allowed. List on 19.5.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Kamlesh & another Vs. Hem Chand & ors CR No. 24 of 2018 .
21.4.2022 Present: Mr. Arun Raj, Advocate, for the petitioners.
Mr. Vivek Sharma, Advocate, for respondents No. 1 and 2.
As prayed for, list on 19.5.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Kiran Sharma Vs. Brinda Jewellers & anr Cr. Revision No. 191 of 2022 .
21.4.2022 Present: Ms. Leena Guleria, Advocate, for the petitioner.
Mr. Rajinder Dogra, Sr. Addl. A.G. with Mr. Vinod Thakur, Addl. A.G. for respondent No. 2. Cr. Revision No. 191 of 2022 & Cr. M.P. No. 984 of 2022 Notice. Mr. Vinod Thakur, learned Additional Advocate General appears and waives service of notice on behalf of respondent No. 2. Issue notice to respondent No. 1 through processserving agency, returnable for 28.4.2022.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Oriental Insurance Co. Vs. Smt. Asha & ors FAO No. 70 of 2022 .
21.4.2022 Present: Ms. Rajvinder Sandhu, Advocate, for the appellant.
Issue notice to the respondents through process serving agency, returnable for 16.6.2022. In the meanwhile, the records be requisitioned.
r CMP No. 4328 of 2022Since the entire amount stands deposited before learned trial Court, therefore, the operation and execution of the impugned award dated 14.1.2022, passed by the Commissioner, Employees' Compensation Act, Chamba, in petition No. 11 of 2016, is ordered to be stayed. The application stands disposed of, reserving liberty to the claimants to move an appropriate application for release of amount, which application, needless to say as and when filed, shall be considered on its ow merits.
The amount lying deposited before learned Commissioner's Court be requisitioned and thereafter invested as per procedure.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS National Insurance Co. Vs. Smt. Usha Devi & ors FAO No. 69 of 2022 .
21.4.2022 Present: Ms. Devyani Sharma, Advocate, for the appellant.
Issue notice to the respondents through process serving agency, returnable for 16.6.2022. In the meanwhile, the records be requisitioned.
r CMP No. 4327 of 2022Since the entire amount stands deposited before learned trial Court, therefore, the operation and execution of the impugned award dated 19.10.2021, passed by the Commissioner, Employees' Compensation , Kullu in W.C. Act No. 8/19/2013, is ordered to be stayed. The application stands disposed of, reserving liberty to the claimants to move an appropriate application for release of amount, which application, needless to say as and when filed, shall be considered on its ow merits.
The amount lying deposited before learned Commissioner's Court be requisitioned and thereafter invested as per procedure.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS Sh. Kamal Kant & anr Vs. Jyoti Prakash RSA No. 59 of 2022 .
21.4.2022 Present: Mr. R.L. Chaudhary, Advocate, for the appellants.
RSA No. 59 of 2022 & CMP No. 2620 of 2022 Learned counsel for the appellants prays for and is granted an adjournment. List on 28.4.2022.
r (Tarlok Singh Chauhan)
Judge
April 21, 2022
(Kalpana)
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C.K. Baljee Vs. Susheela Joshi & anr
CR No. 60 of 2022
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21.4.2022 Present: Mr. Ajay Kumar, Senior Advocate with Mr.
Rohit, Advocate, for the petitioner.
Notice be issued to the respondents, through process serving agency, returnable for 2.6.2022.
The caveat petition, which has been filed by the petitioner himself, has wrongly been placed in the instant file. The same is required to be placed in the petition, if any, filed by the respondents herein.
Therefore, the Registry is directed to detach the caveat petition.
(Tarlok Singh Chauhan) Judge April 21, 2022 (Kalpana) ::: Downloaded on - 23/04/2022 20:16:52 :::CIS .
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