Himachal Pradesh High Court
Murtaza Ali And Others vs Rohini Wahi @ Roohani on 4 September, 2020
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
CS No. 38 of 2005 4.9.2020 Present: Ms.Ambika Kotwal, Advocate, for the plaintiff, .
through Video Conferencing.
Mr.Abhimanyu Rathore, Advocate, for defendants No. 1(a) and 1(b), through Video Conferencing.
None for defendant No. 1(c).
None for defendants No. 1(d) and 1(e).
Ms.Anu Tuli, Advocate, for defendants No. 2(a), 2(b) and 2(d), through Video Conferencing.
Mr.Rajnish Maniktala, Senior Advocate, with Mr.Naresh Verma, Advocate, for defendants No. 2(c) and 3.
CS No. 38 of 2005 Process Fee, in compliance of order dated 1.9.2020, stands filed.
Notice to defendants No. 1(d) and 1(e), on their addresses and also through their General Power of Attorney Iqbal Singh, in terms of order dated 1.9.2020, returnable on 5th October, 2020, be issued.
OMP No. 576 of 2018Rejoinder(s) to the replies already filed, have not been filed, despite availing number of opportunities. Learned counsel for the applicant/plaintiff submits that rejoinder(s) have already been sent by her to the plaintiff today itself through registered post for his signatures and immediately on receipt thereafter, same shall be filed in the Registry.
Considering persuasive request of learned counsel for the applicant/plaintiff, one more, but last opportunity for filing rejoinder(s), is granted. The same be filed on or before ::: Downloaded on - 05/09/2020 20:19:02 :::HCHP 30th September, 2020, failing which right to file rejoinder(s) shall stand closed.
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List on 5th October, 2020.
OMP No. 28 of 2019This application has been filed seeking two reliefs, i.e. OMP No. 576 of 2018 be decided expeditiously and further that case file of Civil Suit No. 4048 of 2013, titled Bahar Murtaza Ali and others Vs. Rohini Wahi @ Roohani, be tagged along with the present suit.
At this stage, it is pointed out by learned counsel for appearing parties, that correct number of Civil Suit mentioned in this application is Civil Suit No. 4084 of 2013 and not 4048 of 2013.
Considering the submissions of learned counsel for appearing parties, learned counsel for the applicant/plaintiff is permitted to carry out necessary correction in the application in the Court itself.
So far as adjudication of OMP No. 576 of 2018 is concerned, the same is pending for filing rejoinder(s) on behalf of applicant/plaintiff itself and has been listed for 5th October, 2020 and also for want of service of defendants No. 1(d) and 1(e), for which steps on behalf of applicant/plaintiff, complete in all respects, have been taken and they have been ordered to be summoned for 5th October, 2020. Therefore, no further order, in this regard, is required to be passed with respect to prayer related to this application i.e. OMP No. 576 of 2018.
::: Downloaded on - 05/09/2020 20:19:02 :::HCHPSo far second prayer regarding the issue as to whether present suit is to be tagged along with Civil Suit No. .
4084 of 2013 or not is to be considered by perusing the subject matter and material of that suit.
In view of above, present application is disposed of with direction to the Registry to list Civil Suit No. 4084 of 2013 on next date of hearing along with this suit, so as to enable the Court to consider that as to whether both the suits are to be tagged or not.
(Vivek Singh Thakur), Judge 4th September, 2020 (Keshav) ::: Downloaded on - 05/09/2020 20:19:02 :::HCHP .
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