Sr. Executive Engineer vs Shri Gopi Chand on 20 December, 2021

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Himachal Pradesh High Court

Sr. Executive Engineer vs Shri Gopi Chand on 20 December, 2021

Bench: Sandeep Sharma

    IN   THE   HIGH   COURT    OF   HIMACHAL         PRADESH,            SHIMLA




                                                          .
                  ON THE 20th DAY OF DECEMBER, 2021





                              BEFORE
                HON'BLE MR. JUSTICE SANDEEP SHARMA





               CIVIL MISC. PETITION (MAIN) NO. 98 OF 2019

         Between:
    1.   SR. EXECUTIVE ENGINEER,
         GHANVI CONSTRUCTION DIVISION,





         HPSEBL, JEORI, DISTRICT SHIMLA, HP.

    2.   LAND ACQUISITION COLLECTOR
         HPSEB/HPPCL, SHIMLA, H.P.
                    r                   ....APPELLANTS/PETITIONERS

         (BY MR. TARA SINGH
         CHAUHAN, ADVOCATE)

         AND



    1.   SHRI GOPI CHAND,
         S/O LATE SHRI RATTAN DASS,




    2.   SH. NARIAN DASS,





         S/O LATE SH. PREM CHAND

    3.   SH. DHARAM DASS,
         S/O LATE SH. GAURI





    4.   SMT. SATYA DEVI,
         D/O LATE SH. GAURI

    5.   SH. AMER SINGH,
         S/O LATE SMT. DHARAM KALI,

    6.   SMT. PUSHPA DEVI,




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                                               2




          D/O LATE SMT. DHARAM KALI,




                                                                         .

    7.    SMT. SUNNA,
          D/O LATE SMT. DHARAM KALI,

    8.    SMT. MIRA,





          D/O LATE SMT. DHARAM KALI,

          ALL RESIDENTS OF VILALGE PASHGAON,
          POST OFFICE GANVI (15/20),
          TEHSIL RAMPUR, DISTRICT SHIMLA, H.P.





                                                        ....RESPONDENTS/CLAIMANTS

          (BY MR. B.N. SHARMA,
          ADVOCATE)


    Whether approved for reporting?.


    This appeal coming on for orders this day, the Court passed the following:



                                        JUDGMENT

By way of instant application filed under Section 5 of the Limitation act, prayer has been made on behalf of the applicants for condonation of delay in maintaining the accompanying appeal.

Notice on the application was issued on 28.2.2019, whereafter matter repeatedly came to be adjourned, enabling the learned counsel for the applicants to take steps for the service of the non-

applicants/respondents. On 4.12.2019, time was granted on the request of the learned counsel for the applicants for bringing on record the LRs of ::: Downloaded on - 31/01/2022 23:27:48 :::CIS 3 respondents No. 4 and 7, but fact remains that more than two years have .

passed, but till date, no steps have been taken and as such, this Court has reason to presume and believe that the applicants are not interested in prosecuting the case further, and as such, same is dismissed for want of prosecution.

    20th December, 2021                         (Sandeep Sharma),
         (manjit)                                      Judge











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