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Supreme Court - Daily Orders

Ripu Daman vs Sharwan Kumar on 11 August, 2025

                                                 1

     ITEM NO.54                         COURT NO.6                 SECTION XIV

                              S U P R E M E C O U R T O F      I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)              No(s).   24499/2019

     [Arising out of impugned final judgment and order dated 05-08-2019
     in LPA No. 125/2010 passed by the High Court of Himachal Pradesh at
     Shimla]

     RIPU DAMAN                                                     Petitioner(s)

                                                VERSUS

     SHARWAN KUMAR & ORS.                                           Respondent(s)


     IA No. 38956/2023 - APPLICATION FOR PERMISSION
     IA No. 19741/2023 - APPLICATION FOR SUBSTITUTION
     IA No. 19745/2023 - CONDONATION OF DELAY IN FILING SUBSTITUTION
     APPLN., IA No. 153688/2024 - EXEMPTION FROM FILING O.T.
     IA No. 19747/2023 - SETTING ASIDE AN ABATEMENT

     Date : 11-08-2025 This matter was called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE M.M. SUNDRESH
                         HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

     For Petitioner(s)            Mr. Anil Kaushik, Sr. Adv.
                                  Mr. Mahesh Thakur, AOR
                                  Mr. Mayank Gautam, Adv.
                                  Mrs. Geetanjali Bedi, Adv.
                                  Mr. Ranvijay Singh Chandel, Adv.
                                  Ms. Vedika Singh, Adv.

     For Respondent(s)            Mr. Satish Pandey, AOR

                                  Mr. Rajesh Srivastava, AOR
                                  Mr. Gaurav Verma, Adv.
                                  Ms. Riddhi Gupta, Adv.

                                  Mr. D.K. Thakur, Adv.
                                  Mr. Rajeev Kumar Gupta, Adv.
                                  Mr. Taveen Singh, Adv.
                                  Ms. Vallabhi Shukla, Adv.
Signature Not Verified
                                  Mr. Rohit Kumar, Adv.
                                  Mr. Joginder Mann, Adv.
Digitally signed by
SWETA BALODI
Date: 2025.08.13

                                  Mr. Bimlesh Kumar Singh, AOR
17:49:24 IST
Reason:


                                  Mr. Narendra Kumar, Adv.
                                  Mr. Abhishek Kishor, Adv.
                                        2

          UPON hearing the counsel the Court made the following
                             O R D E R

Applications for condonation of delay in filing substitution application, for setting aside an abatement and for substitution are allowed.

We have heard the learned senior counsel appearing for the petitioner and the learned counsel appearing for the respondents.

The impugned order is one of remand. The Division Bench of the High Court was pleased to set aside all the orders in favour of the petitioner on the premise that some of the documents filed for the first time before it, will have to be considered.

To that extent, we are not inclined to interfere with the decision of the Division Bench of the High Court. However, we have been informed that, pursuant to the impugned order, revision is pending before the Revisional Authority. We only clarify that the Revisional Authority can decide the effect of the documents filed alone, meaning thereby that the other observations and findings rendered by the Division Bench of the High Court dealing with the factual findings rendered by the authorities, will have no bearing.

The Special Leave Petition stands disposed of accordingly.

Pending application(s), if any, shall also stand disposed of.

(SWETA BALODI)                                            (POONAM VAID)
ASTT. REGISTRAR-cum-PS                                  ASSISTANT REGISTRAR