Himachal Pradesh High Court
Ramesh Chand vs . State Of Hp And Another on 3 April, 2025
Ramesh Chand vs. State of HP and another Arbitration Case No.944 of 2024 03.04.2025 Present: Mr. Y.P. Sood, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondents/State.
In terms of Sections 2(i)(c)(vi) of the Commercial Courts Act, 2015, the dispute in the case at hand pertains to a commercial dispute. Therefore, in view of Sections 6 and 10(2) of the Commercial Courts Act, 2015, list the matter before the Commercial Division Bench.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Devinder Singh Siphehia vs. State of HP and others a/w connected matter RSA No.171 of 2023 a/w RSA No.172 of 2023 RSA No.171 of 2023 03.04.2025 Present: Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.1 to 5/State.
None for respondents No.6, 12, 17 and 18. Mr. Vishwas Kaushal, Advocate, for respondents No.7 to 10, 13, 14 and 16(a) & 16(b).
Mr. Prashant Chauhan and Mr. Hamender Singh Jaswal, Advocates, vice Mr. Sandeep Dutta, Advocate, for respondent No.11.
Ms. Richa Sharma, Advocate, for respondent No.12. RSA No.172 of 2023 Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.1 to 5/State.
None for respondents No.6 and 12.
Mr. Vishwas Kaushal, Advocate, for respondents No.7 to 10, 13 and 14.
Mr. Prashant Chauhan and Mr. Hamender Singh Jaswal, Advocates, vice Mr. Sandeep Dutta, Advocate, for respondent No.11.
Ms. Richa Sharma, Advocate, for respondent No.12. CMP No.9309 of 2023 in RSA No.171 of 2023 The present application is dismissed as not pressed on account of the fact that sewerage connection stands sanctioned and has been implemented on the spot, however liberty is reserved to approach this Court if the need in the future arises.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Dev Raj (deceased) through LRs. vs. Satya Devi and others RSA No.157 of 2007 03.04.2025 Present: Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for the appellants.
Mr. Bimal Gupta, Senior Advocate with Ms. Kusum Chaudhary, Advocate, for respondents No.1 to 8, 10 to 22, 24 to 27, 29 and 30.
None for remaining respondents.
CMP(M) No.401 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased appellant No.1(c)- Bhagti, are brought on record as is being sought in the present application. Legal heirs of deceased appellant No.1(c)- Bhagti, have been served. Power of attorney stands filed on their behalf.
Heard counsel for the parties. Deceased appellant No.1(c)- Bhagti is stated to have expired on 28.12.2024. The same is evident from the Death Certificate appended along with the present application. The details of the legal heirs of deceased appellant No.1(c)- Bhagti are given in Paragraph-3 of the application.
Since the right to sue inheres/survives with the legal heirs of deceased appellant No.1(c)- Bhagti, details whereof, have been given in Paragraph-3 of the present application, therefore, they are ordered to be brought on record.
The application stands disposed of. Amended memo of parties appended with the present application is ordered to be taken on record.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Devi Roop vs. State of HP and others
Execution Petition No.152 of 2025
03.04.2025 Present: Mr. Bonit Thakur, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 to 3/ State.
Mr. Tek Ram Sharma, Advocate, for respondent No.4. Notice. Mr. Manish Thakur, learned Deputy Advocate General and Mr. Tek Ram Sharma, learned counsel, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4, respectively and seeks time to file reply/instructions.
Reply/instructions be filed/obtained on or before the next date of hearing. List on 02.05.2025.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Narayan Singh vs. State of HP and others Execution Petition No.141 of 2025 03.04.2025 Present: Mr. M.L. Sharma, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for the respondents/ State.
Notice. Mr. Manish Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to have instructions.
List on 02.05.2025.
( Bipin C. Negi ) April 03, 2025 (KS) Judge Khem Raj vs. State of HP and others Execution Petition No.143 of 2025 03.04.2025 Present: Mr. M.L. Sharma, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for the respondents/ State.
Notice. Mr. Manish Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to have instructions.
List on 02.05.2025.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Jai Kumar vs. HRTC and another
Execution Petition No.138 of 2025
03.04.2025 Present: Mr. Vikas Rajput, Advocate, for the petitioner.
Ms. Shrutika Chauhan, Advocate, vice Mr. Dheeraj K. Vashishta, Advocate, for the respondents. Learned vice counsel appearing on behalf of the respondents-Corporation has placed on record instructions dated 02.04.2025.
From a perusal of the same, it is evident that the pay fixation, in the case at hand, has taken place. However, further time is prayed for disbursement of the payments. In view thereof, list the matter on 08.05.2025.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Bhagmal vs. State of Himachal Pradesh Cr.MP(M) No.123 of 2025 03.04.2025 Present: Mr. Vinod Kumar Sharma, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
ASI Birbal Singh, I/O Police Station, Patlikuhal, District Kullu, Himachal Pradesh, is present along-with record.
Fresh status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
From perusal of the status report, it is evident that out of fourteen witnesses, five witnesses have been examined. The case involves contraband which comes within the category of commercial quantity. Rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act apply.
List for consideration on 23.04.2025.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Makbul and others vs. Union of India and others OMP(M) No.37 of 2025 03.04.2025 Present: Mr. Vinay Thakur, Advocate, for the applicants-appellants.
Mr. Shiv Pal Manhans, Senior Panel Counsel, for respondent No.1/Union of India.
Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for respondents No.2 and 3.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.4/State.
Notice. Mr. Shiv Pal Manhans, learned Senior Panel counsel, Ms. Sneh Bhimta, learned counsel and Mr. B.N. Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondent No.1, respondents No.2 & 3 and respondent No.4, respectively and seek time to file reply.
Reply be filed on or before the next date of hearing. List after four weeks.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Bhadru alias Bhadar Singh vs. Union of India and others OMP(M) No.36 of 2025 03.04.2025 Present: Mr. Vinay Thakur, Advocate, for the applicant-appellant.
Mr. Shiv Pal Manhans, Senior Panel Counsel, for respondent No.1/Union of India.
Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for respondents No.2 and 3.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.4/State.
Notice. Mr. Shiv Pal Manhans, learned Senior Panel counsel, Ms. Sneh Bhimta, learned counsel and Mr. B.N. Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondent No.1, respondents No.2 & 3 and respondent No.4, respectively and seek time to file reply.
Reply be filed on or before the next date of hearing. List after four weeks.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Hukam Chand and others vs. NHAI and another Arbitration Case No.37 of 2025 03.04.2025 Present: Mr. Nalnush Sharma, Advocate, vice Mr. Hamender Singh Chandel, Advocate, for the applicants. Mr. Karan Sharma, Advocate, for respondent No.1. Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Reply is stated to have been filed. The same is not on record. Learned counsel appearing on behalf of the applicants submits that he has received a copy of the same. Let objection(s), if any, in the reply be removed and the same be placed on record well before the next date of hearing.
List after four weeks. Rejoinder to the reply, if any, be filed on or before the next date of hearing.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Hari Chand and others vs. NHAI and another Arbitration Case No.29 of 2025 03.04.2025 Present: Mr. Nalnush Sharma, Advocate, vice Mr. Hamender Singh Chandel, Advocate, for the applicants. Mr. Karan Sharma, Advocate, for respondent No.1. Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Reply on behalf of respondent No.1 stands filed. Time prayed on behalf of the applicants to file rejoinder thereto. Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Ludermani (deceased) & others vs. Dharam Chand and others CMP(M) No.2083 of 2024 03.04.2025 Present: Mr. Digvijay Singh, Advocate, for the applicants.
Mr. G.R. Palsra, Advocate, fo the non-applicants. Reply stands filed. Rejoinder thereto, if any, be filed within three weeks. List thereafter.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Chhangu Ram and another vs. Puran Chand and others CMP(M) No.1998 of 2024 03.04.2025 Present: Mr. G.R. Palsra, Advocate, for the applicants-appellants.
Mr. H.S. Rangra, Advocate, for respondent No.1. Mr. Lokesh Thakur, Advocate, for respondents No.8 and 9. None for respondents No.2, 3, 5 to 10, 11(a) to 11(c), 12(a), 12(b) and 13.
CMP No.6018 of 2025 The present application is dismissed as being misconceived.
CMP(M) No.1998 of 2024
Heard counsel for the parties. For the sufficient cause shown in the application, the same is allowed. Delay of 29 days in filing the appeal, is condoned. The application stands disposed of.
RSA No.______of 2025 Be registered.
List for admission on 22.04.2025.
CMP_______ of 2025 Be registered.
List along-with main appeal.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Bhupender Singh vs. Desh Raj
CMP(M) No.1107 of 2024
03.04.2025 Present: Mr. Surya Chauhan, Advocate, for the applicant-appellant.
Mr. Balwant Singh Thakur, Advocate, for the respondent. Reply is stated to have been filed today in the Registry of this Court. Learned counsel for the applicant submits that he has received a copy of the same. If in order, the same be placed on record well before the next date of hearing. List after two weeks. In the meanwhile, rejoinder to the reply, if any, be filed on behalf of the applicant.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
M/s Om Prakash Sharma vs. State of HP and others Arbitration Case No.801 of 2024 03.04.2025 Present: Mr. Parav Sharma, Advocate, for the applicant/ petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondents/State.
In terms of Sections 2(i)(c)(vi) of the Commercial Courts Act, 2015, the dispute in the case at hand pertains to a commercial dispute. Therefore, in view of Sections 6 and 10(2) of the Commercial Courts Act, 2015, list the matter before the Commercial Division Bench.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Karnail Singh vs. Ashok Kumar
CMP(M) No.447 of 2024
03.04.2025 Present: Mr. Ashwani Kaundal, Advocate, for the applicant-
appellant.
On the last date of hearing, time was sought for removing objections in the application filed for bringing on record the legal heirs of deceased sole respondent. Till date, the same have not been removed. Let the needful be done during the course of the day itself. List thereafter.
It is made clear that if the objections are not removed in the above application during the course of the day itself, present application for condonation of delay in filing the appeal shall automatically stand dismissed for non prosecution without further reference to this Court.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Himmat Ram and another vs. Dharam Dass and others RSA No.195 of 2024 03.04.2025 Present: Mr. Inder Sharma, Advocate, for the appellant No.2 and for proposed LRs. No.1(a), 1(b) and 1(d).
Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for respondent No.1.
Mr. Virender Singh Kanwar, Advocate, for respondents No.9 and 10.
Respondent No.30 is stated to have expired. None for the remaining respondents.
Further time prayed by learned counsel appearing on behalf of the appellants for taking consequential steps for bringing on record the legal heirs of deceased respondent No.30.
Let the needful be done within four weeks. Learned counsel for the appellants submits that he would also file power of attorney on behalf of Smt. Kirpi- proposed LR No.1(d).
List after four weeks.
( Bipin C. Negi )
April 03, 2025 (KS) Judge
Surekha Kumari and others vs. Rakhi and others CMPMO No.91 of 2025 02.04.2025 Present: Mr. Vinod Chauhan, Advocate, for the petitioners. CMPMO No.91 of 2025
On taking steps within three days, issue notice to the respondents, returnable within four weeks. CMP No.4074 of 2025
Notice in the aforesaid terms.
The applicants, in the case at hand, have filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The said petition has been filed on account of death of husband of petitioner No.1-Shri Satish Kumar in an accident. One of the facts to be ascertained in the claim petition is the income of the deceased. Despite best efforts on the part of the applicants, the employer of the deceased husband of petitioner No.1, could not be produced and the evidence of the applicants was closed on 26.06.2024.
Prima facie, from the contents of the application filed under Order 7 Rule 14(3) of the Civil Procedure Code, whereupon the impugned order was passed, it is evident that a good cause has been projected to satisfy the Court qua the non production of evidence earlier with respect to the income of the deceased. In support of his contentions, learned counsel appearing on behalf of the petitioners has placed reliance upon the decision of the Madras High Court, in S. Rathinaswamy & Others vs. Smt. S. Bhanumathi & others, AIR 2006 Madras 221. In view thereof, further proceedings pending before learned Motor Accidents Claims Tribunal, Sundernagar, District Mandi, Himachal Pradesh, in Claim Petition No.65 of 2022, titled Surekha Kumari and others vs. Rakhi & others, shall remain stayed till further orders.
( Bipin C. Negi )
April 02, 2025 (KS) Judge
Deepak Sood (since deceased) through LR vs. Swaran Kanta Sood (since deceased) through LR. a/w connected matter Civil Revision No.124 of 2024 a/w Civil Revision No.133 of 2024 01.04.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the petitioner, in CR No.124 of 2024 and for the respondent in CR No.133 of 2024. Mr. Deepak Gupta, Advocate, for the respondent in CR No.124 of 2024 and for the petitioner in CR No.133 of 2024.
Further time prayed for by learned counsel for the petitioner to deposit the use and occupation charges, in the case at hand. Let the needful be done on or before the next date of hearing.
List on 07.05.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Deepak Sood (since deceased) through LR vs. Swaran Kanta Sood (since deceased) through LR. a/w connected matter Civil Revision No.124 of 2024 a/w Civil Revision No.133 of 2024 01.04.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the petitioner, in CR No.124 of 2024 and for the respondent in CR No.133 of 2024. Mr. Deepak Gupta, Advocate, for the respondent in CR No.124 of 2024 and for the petitioner in CR No.133 of 2024.
Further time prayed for by learned counsel for the petitioner to deposit the use and occupation charges, in the case at hand. Let the needful be done on or before the next date of hearing.
List on 07.05.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Faqir Chand and another vs. Mangat Ram and others Civil Revision No.89 of 2024 01.04.2025 Present: Mr. Abhishek Nagta, Advocate, vice Mr. Parmod Singh Thakur, Advocate, for the petitioners. Mr. N.K. Thakur, Senior Advocate with Mr. Karanveer Singh Thakur, Advocate, for the respondents. Learned counsel for the petitioners has drawn attention of this Court to the report of the Local Commissioner, specifically the portion placed at Page-35 of the paper-book.
From perusal of the same, it is evident that the Local Commissioner had clearly pointed out an encroachment on the suit land, a fact which from Annexure P-8, seems to have been overlooked.
Faced with the aforesaid, learned counsel for the respondents seeks time to go through the file.
List on 09.04.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
LAC, HPPWD and others vs. Shyam Lal and others RFA No.19 of 2024 01.04.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellants/State.
Mr. O.C. Sharma, Advocate, for respondents No.1 to 5. List along-with RFA No.4 of 2024.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
LAC and others vs. Tara Wati
RFA No.61 of 2024
01.04.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellants/State.
Respondent is ex parte.
Further time prayed for taking steps for the service of respondent (post admission) within one week. On taking such steps, issue notice to the respondent, returnable within four weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
LAC HP PWD and another vs. Milap Chand and others CMP(M) No.5 of 2024 01.04.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the applicants-appellants/State.
Mr. Vinod Chauhan, Advocate, for respondents No.1, 2(a) to 2(d), 3, 4, 5 & 7 to 14.
CMP(M) No.5 of 2024 In the filing of the present appeal, there is a delay of 272 days. The same has been duly explained in the application filed for condonation of delay. Even otherwise, while dealing with an application for condonation of delay filed by the State, one has to be conscious of the bureaucratic delays, impersonal nature of the governmental functioning, institutional interest and hence a justice oriented liberal approach has to be taken while dealing with such applications.
In this respect, it would be appropriate to refer to decision of the Hon'ble Apex Court passed in State of Manipur and others vs. Koting Lamkang, 2019 (10) SCC
408. The relevant extract of the same is being reproduced herein below:-
"7. But while concluding as above, it was necessary for the Court to also be conscious of the bureaucratic delay and the slow pace in reaching a government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it. Even while observing that the law of limitation would harshly affect the party, the Court felt that the delay in the appeal filed by the State, should not be condoned. against a judgment adverse to it. Even while observing that the law of limitation would harshly affect the party, the Court felt that the delay in the appeal filed by the State, should not be condoned.
8. Regard should be had in similar such circumstances to the impersonal nature of the Government's functioning where individual officers may fail to act responsibly. This in turn, would result in injustice to the institutional interest of the State. If the appeal filed by State are lost for individual default, those who are at fault, will not usually be individually affected"
Other than the aforesaid, it would also be appropriate to refer to judgment dated 09.10.2023, passed in Civil Appeal No.5867 of 2015 titled Sheo Raj Singh (deceased) through LRs. and others vs. Union of India and another. The relevant extract of the same is being reproduced herein below:-.
"37. Having bestowed serious consideration to the rival contentions, we feel that the High Court's decision to condone the delay on account of the first respondent's inability to present the appeal within time, for the reasons assigned therein, does not suffer from any error warranting interference. As the aforementioned judgments have shown, such an exercise of discretion does, at times, call for a liberal and justice- oriented approach by the Courts, where certain leeway could be provided to the State. The hidden forces that are at work in preventing an appeal by the State being presented within the prescribed period of limitation so as not to allow a higher court to pronounce upon the legality and validity of an order of a lower court and thereby secure unholy gains, can hardly be ignored. Impediments in the working of the grand scheme of governmental functions have to be removed by taking a pragmatic view on balancing of the competing interests."
Hence, for the reasons/sufficient cause stated in the application & the aforesaid position of law, delay in filing the present appeal is condoned. The application stands disposed of.
RFA No.______/2025 (Be registered) Admit.
Records be called for.
List for hearing in due course.
CMP No._____of 2025 ( Be registered) During the pendency of the present appeal, operation and execution of judgment/award dated 29.09.2022, passed by learned Additional District Judge, Sunder Nagar, District Mandi, H.P., in Land Reference Petition No.648 of 2013, shall remain stayed, subject to depositing of the awarded amount along-with up-to-date interest.
The application stands disposed of.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Union of India vs. Bantu Devi and another CMP(M) No.1228 of 2023 & CMP No.13056 of 2023 in RFA No.311 of 2007 01.04.2025 Present: Mr. Shiv Pal Manhans, Senior Panel Counsel, for the applicant/Union of India.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Further time prayed for taking steps for the service of respondent No.1. Let the needful be done within two weeks. On taking such steps, issue notice to respondent No.1, returnable within four weeks thereafter.
List after six weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Kishori Lal vs. Balraj Kumar (deceased) through LRs. and others CMP(M) No.944 of 2023 01.04.2025 Present: Ms. Annanya Verma, Advocate, vice Mr. Sunny Modgill, Advocate, for the applicant/appellant. Mr. Abhishek Sharma, Advocate, for respondents No.1(a), 1(b), 1(d), 2(a), 2(c) and 2(d).
None for respondent No.2(b).
Respondents No.1(c) is stated to have expired. Time for taking steps for bringing on record the LRs. of deceased respondents No.1(c) and respondent No.2(b) is being sought since 25.11.2024. Let steps for the service of the aforesaid proposed LRs. of deceased respondent No.1(c) and respondent No.2(b) be positively taken within two weeks.
On taking such steps, issue notice to the aforesaid respondents, returnable within four weeks thereafter. It is made clear that if steps are not taken within the aforesaid period, present appeal shall automatically stand dismissed for non prosecution without further reference to this Court.
List after six weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Dharam Lal @ Dharam Pal and another vs. Mahinder Pal and others a/w connected matter RSA No.148 of 2023 a/w RSA No.295 of 2023 RSA No.148 of 2023 01.04.2025 Present: Mr. G.R. Palsra, Advocate, for appellant No.1.
Mr. Lokesh Thakur, Advocate, for appellant No.2. Mr. Bimal Gupta, Senior Advocate with Ms. Kusum Chaudhary, Advocate, for respondents No.1 and 2. Respondents No.4 to 23 exempted from service. RSA No.295 of 2023 Mr. Bimal Gupta, Senior Advocate with Ms. Kusum Chaudhary, Advocate, for the appellants. Mr. G.R. Palsra, Advocate, for respondent No.1. Mr. Lokesh Thakur, Advocate, for respondent No.2. RSA No.148 of 2023 Fresh steps for the service of respondent No.8, i.e., Ms. Latika Kumari, be taken within one week. On taking such steps, issue notice to the said respondent, returnable within eight weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Bhupinder Singh vs. Surinder Pal and others RSA No.108 of 2023 01.04.2025 Present: Ms. Kavita Kajal, Advocate, vice Mr. Atharv Sharma, Advocate, for the appellant.
Ms. Amita Chandel, Advocate, for respondents No.1 & 8. Respondents No.2 to 6 & 7(i) to 7(iv) already ex parte. Mr. K.B. Khajuria, Advocate, for respondent No.9. RSA No.108 of 2023 Steps for service of respondents No.2 to 6 and 7(i) to 7(iv) (post admission) be taken within four weeks. List thereafter. In the meanwhile, power of attorney on behalf of respondent No.9 be also filed.
CMP No.5481 of 2023
Since the record, in the case at hand, stands received, therefore, the applicant is dispensed with from filing the certified copy of the trial Court judgment. The application stands disposed of.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Rameshwar Mahadev Mandir vs. Jaspal Singh Negi and others RSA No.65 of 2023 01.04.2025 Present: Mr. Virender Chauhan, Advocate, vice Mr. Surender Saklani, Advocate, for the appellant.
Ms. Kavita Kajal, Advocate, vice Mr. Atharv Sharma, Advocate, for respondent No.1.
Respondents No.2 and 4 are stated to have expired. Ms. Narvada Thakur, Advocate, for respondents No.3, 5 to 7. CMP(M) No.485 of 2024 Time for taking steps for the service of proposed LRs. No.4(a) & 4(b) are being sought since 11.11.2024. Let steps for the service of the aforesaid proposed LRs., by way of filing correct address(es) and Process Fee, be positively taken within two weeks.
On taking such steps, issue notice to proposed LRs. No.4(a) & 4(b), returnable within four weeks thereafter. It is made clear that if steps are not taken within the aforesaid period, present appeal shall automatically stand dismissed for non prosecution without further reference to this Court.
List after six weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Kulvinder Suri and others vs. Chattar Singh and others Civil Suit No.20 of 2023 01.04.2025 Present: Mr. Pranjal Munjal, Advocate, vice Mr. Janesh Gupta, Advocate, for the plaintiffs.
Mr. Y.P. Sood, Advocate, for defendants No.1 to 4. Mr. B.N. Sharma, Advocate, for defendants No.5 and 6. Learned vice counsel appearing on behalf of the plaintiffs submits that talks with the land owners other than the defendants for an amicable settlement are at an advanced stage. He prays for an adjournment. Prayer not opposed.
As prayed, list on 08.04.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Veena Devi vs. Durga Singh and others RSA No.320 of 2022 01.04.2025 Present: Mr. Sanket Sankhyan, Advocate, for the appellant.
Mr. Vinod Kumar Thakur and Mr. Mohar Singh, Advocates, for respondents No.1 to 3.
Respondent No.4 is stated to have expired. None for respondents No.5 to 8.
Further time prayed for serving respondents No.4(a) and 4(b). Let the needful be done within three weeks. List thereafter. In the meanwhile, amended memo of parties be also filed.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Dharam Pal vs. Shahnaz Begum
Civil Suit No.58 of 2022
01.04.2025 Present: Ms. Rinki Kashmiri, Advocate, vice Mr. Janesh Gupta,
Advocate, for the plaintiff.
Mr. Ajay Sipahiya, Advocate, for the defendant. Learned counsel appearing on behalf of the defendant submits that order dated 13.11.2024 stands challenged before the Division Bench, by way of an appropriate appeal. The same is coming up before the concerned Division Bench on 07.04.2025. In view thereof, he prays for an adjournment. Prayer not opposed.
As prayed, list on 21.04.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Rajesh Bansal and another vs. Nand Lal and others a/w connected matter CMPMO No.260 of 2021 a/w CMPMO No.86 of 2020 CMPMO No.260 of 2021 01.04.2025 Present: Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for the petitioners.
Mr. Bimal Gupta, Senior Advocate with Ms. Kusum Chaudhary, Advocate, for respondents No.3, 4(b), 5(a) & 5(c).
Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for respondent No.9.
Respondents No.1, 2 and 4(a) are stated to have expired. CMPMO No.86 of 2020 Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for the petitioner.
Respondents No.1, 8 and 10 are stated to have expired. Mr. Bimal Gupta, Senior Advocate with Ms. Kusum Chaudhary, Advocate, for respondents No.2 to 7, 9 and for proposed legal representatives No.1(i) to 1(iii) of deceased respondent No.1.
Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for respondent No.6.
CMP(M) No.393 of 2025 in CMPMO No.260 of 2021 On taking steps within three days, issue notice to the legal heirs of deceased respondent No.2, details whereof have been given in Paragraph-1 of the application, returnable within four weeks.
CMP(M) No.394 of 2025 in CMPMO No.260 of 2021 On taking steps within three days, issue notice to the legal heirs of deceased respondent No.1, details whereof have been given in Paragraph-2 of the application, returnable within four weeks.
CMP No.5443 of 2025No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case the present application is allowed and the name of deceased respondent No.4(a)-Bela Garag is ordered to be deleted from the array of the parties. Respondent No.4(a)-Bela Garag is stated to have expired on 17.07.2024. Her legal heirs are stated to be already on record as respondents No.4(b) to 4(d).
In view of the aforesaid, since the right to sue survives in the aforesaid legal heirs of deceased respondent No.4(a)-Bela Garag, therefore, the application is allowed. Name of respondent No.4(a)- Bela Garag is ordered to be deleted from the array of the respondents, subject to just all exceptions.
Amended memo of parties be filed within four weeks. The application stands disposed of.
CMPMO No.86 of 2020
Further time prayed for bringing on record the legal heirs of deceased respondents No.1, 8 and 10. Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Jagdish Kumar vs. Parmod Gautam (deceased) through LRs.
CMPMO No.64 of 2020 01.04.2025 Present: Mr. Vishwas Kaushal, Advocate, vice Mr. Vivek Negi, Advocate, for the petitioner.
Mr. Tek Chand, Advocate, for all the LRs. of deceased respondent No.1.
Amended memo of parties be filed on or before the next date of hearing. List on 07.04.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Shiv Om Thakur vs. Kavita Negi Thakur and others CMPMO No.622 of 2019 01.04.2025 Present: Mr. Ashok Kumar Verma, Advocate, vice Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Parikshit Sharma, Advocate, for respondent No.1. Respondents No.2 to 5 ex parte vide order dated 22.05.2023.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.6/State.
Learned vice counsel appearing on behalf of the petitioner submits that learned original counsel is unavailable today on account of bereavement in his family. He seeks an adjournment. Prayer not opposed.
As prayed, list the matter after three weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Gurcharan Singh vs. Gian Singh and others CMPMO No.457 of 2019 COPC No.249 of 2019 01.04.2025 Present: Mr. Rohit, Advocate, vice Mr. Sumit Sood, Advocate, for the petitioner.
Mr. Surya Chauhan, Advocate, for respondents No.1, 2, 3(b) to 3(e).
Mr. Sat Prakash, Advocate, for respondent No.3(a). Learned counsel appearing on behalf of respondents No.1, 2, 3(b) to 3(e) seeks time to file fresh power of attorney on their behalf as the original counsel has now been designated as Senior Advocate. Prayer not opposed.
Let the needful be done within four weeks. List thereafter. In the meanwhile, parties to ascertain the status of the proceedings pending before the trial Court.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Anirudh Singh vs. Sohan Singh and others CMPMO No.164 of 2019 01.04.2025 Present: Mr. Amrik Singh, Advocate, for the petitioner.
Mr. Ashok Sood, Senior Advocate with Mr. Abhishek Sood, Advocate, for respondent No.1.
Mr. Hitesh Kumar, Advocate, vice Mr. Ajay Thakur, Advocate, for respondents No.2 to 4.
Mr. Balwinder Singh, Advocate, for respondents No.5 to 15. On account of death of learned original counsel appearing on behalf of the petitioner, Mr. Amrik Singh, Advocate seeks time to have instructions.
As prayed, list on 21.04.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Ghanshyam Dass (since deceased) through LRs. And another vs. Mahendra Singh Chawala and others RFA No.240 of 2016 01.04.2025 Present: Ms Sanjivini Sood, Advocate, vice Mr. Arjun Lall, Advocate, for the appellants.
Mr. Sunil Chauhan, Advocate, for respondents No.2 and 3. Respondents No.1 and 8 are stated to have expired. Names for respondents No.4 and 6 stand deleted. None for respondents No.5(a), 5(b), 7, 9 and 10. RFA No.240 of 2016 Let consequential steps for bringing on record the legal heirs of deceased respondents No.1 and 8 be taken within eight weeks. List thereafter.
CMP No.10682 of 2024
Rejoinder, as prayed, be filed on or before the next date of hearing.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Om Prakash Atri (deceased) through LRs. vs. Om Kumar and others RSA No.361 of 2014 01.04.2025 Present: Mr. Hemant Kumar Thakur, Advocate, for the appellants, except appellant No.1.
Appellant No.1 is stated to have expired. Mr. H.S. Rangra, Advocate, for respondent No.1. Respondents No.2 and 3 are stated to have expired. Mr. Rohit, Advocate, vice Mr. Jagan Nath, Advocate, for respondents No.4(a) to 4(c).
Learned counsel appearing on behalf of appellants No.2 and 3 submits that objections in the application filed for bringing on record the legal heirs of deceased appellant No.1 would be removed during the course of the day. Post removal of the objections, let the application be placed on record.
Insofar as respondents No.2 and 3 are concerned, present appeal stands abated qua them.
List after four weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Vikrant Singh and another vs. Guddo Devi and another RSA No.326 of 2014 01.04.2025 Present: Mr. Balwant Singh Thakur, Advocate, for the appellants.
Mr. Sunil Mohan Goel, Senior Advocate with Mr. Abhinav M. Goel, Advocate, for the respondents. As jointly prayed, list on 01.05.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Kaka (deceased) through LRs. vs. Joginder Singh Chela RSA No.368 of 2008 01.04.2025 Present: Mr. Shekhar Badola and Ms. Vishali Lakhanpal, Advocates, vice Mr. Parav Sharma, Advocate, for the appellants.
Dr. Lalit Kumar Sharma, Advocate, for proposed legal heirs of deceased sole respondent.
CMP(M) No.2 of 2025 & CMP(M) No.1 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the applications are allowed and the legal heirs of deceased sole respondent- Joginder Singh Chela, are brought on record as is being sought in the application (CMP(M) No.1 of 2025).
Sole respondent- Joginder Singh Chela is stated to have expired on 25.07.2024. The same is evident from the Death Certificate appended along with the application (CMP(M) No.1 of 2025) as Annexure MA-1. Sole respondent- Joginder Singh Chela is survived by his legal heirs, details whereof, have been given in Paragraph-2 of the application (CMP(M) No.1 of 2025). The same is in consonance with the details of the legal heirs given in Legal Heirs Certificate appended along with the application (CMP(M) No.1 of 2025) as Annexure MA-2.
Since the right to sue inheres/survives with the legal heirs of deceased respondent- Joginder Singh Chela, details whereof, have been given in Paragraph-2 of the application (CMP(M) No.1 of 2025), therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) No.2 of 2025), delay in bringing on record the legal heirs of deceased respondent- Joginder Singh Chela, is condoned and abatement, if any, is set aside.
The applications stand disposed of. Amended memo of parties filed with the applications is ordered to be taken on record. RSA No.368 of 2008
List for hearing in due course.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Prashant Dharmani vs. State of Himachal Pradesh Cr.MP(M) No.709 of 2025 01.04.2025 Present: Mr. Prashant Sharma, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State and seeks time to file status report.
List on 02.05.2025. Status report be filed on or before the next date of hearing.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Harish Kumar vs. Naresh Kumar
CMPMO No.126 of 2025
01.04.2025 Present: Mr. Abhishek Thakur, Advocate, for the petitioner.
As prayed, list on 03.04.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Bishan Dass and another vs. Devi Chand (deceased) through LRs. and others RSA No.60 of 2025 01.04.2025 Present: Mr. Rajesh Mandhotra, Advocate, for the appellants.
As prayed, list after two weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Hari Ram Barali vs. Bimla Devi and others RSA No.59 of 2025 01.04.2025 Present: Ms. Manjit Kaur, Advocate, vice Mr. Naveen Kumar Bhardwaj, Advocate, for the appellant. Learned vice counsel appearing on behalf of the appellant submits that their file stands misplaced and they need to re- construct the same. As such, adjournment is prayed for.
As prayed, list after four weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Manju Bala vs. Raj Kumar
CMPMO No.108 of 2025
01.04.2025 Present: Mr. Shubham Sood, Advocate, for the petitioner.
At the request of learned counsel for the petitioner, list after two weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Kundan Lal and another vs. Divisional Manager, HP Forest Development Corporation and others CMPMO No.43 of 2025 01.04.2025 Present: Mr. H.S. Rangra, Advocate, for the petitioners.
Mr. Abhishek Nagta, Advocate, for respondent No.1. CMP No.2600 of 2025 Reply, if any, be filed within four weeks. CMPMO No.43 of 2025 List for consideration after four weeks.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Ram Kumar vs. Surjeet Kaur and others CMPMO No.36 of 2025 01.04.2025 Present: Mr. Anshul Jairath, Advocate, for the petitioner.
At the request of learned counsel appearing on behalf of the petitioner, list on 07.04.2025.
( Bipin C. Negi )
April 01, 2025 (KS) Judge
Dayal Chand and another vs. Land Acquisition Collector, HPPWD and others CMP Nos.25035 & 25036 of 2024 in RFA No.341 of 2015 28.03.2025 Present: Ms. Naveen K. Bhardwaj, Advocate, for the applicants/ appellants, except appellant No.2, who is stated to have expired.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the non-applicants/respondents.
CMP No.25035 of 2024 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased appellant No.2- Jindu are brought on record as is being sought in the present application. Appellant No.2-Jindu has expired on 25.02.2019. The same is evident from the Death Certificate appended along-with present application as Annexure A-2.
The right to sue inheres/survives in the legal heirs of deceased appellant No.2- Jindu. Details of the legal heirs of deceased appellant No.2- Jindu are given in Legal Heirs Certificate, i.e., Annexure A-3 appended along with the present application.
One of the legal heirs mentioned in the Legal Heirs Certificate, i.e., Annexure A-3 appended along-with present application at running page-147 of the paper book, is Bhimi Ram. He is also stated to have died on 18.04.2021. The said fact is evident from the Death Certificate, i.e., Annexure A-1 appended along with the present application. The details of the legal heirs of deceased Bhimi Ram are given in Legal Heirs Certificate, i.e., Annexure A-4 appended along with the present application.
In view thereof, right to receive compensation survives with the legal heirs of said Bhimi Ram. As a consequence of the aforesaid, Khairu Ram, Lal Chand, Thakri Devi, Rami Devi, Gambhiri Devi and legal heirs of deceased Bhimi Ram, i.e., Bhagi Ram, Rakesh Kumar, Kheli Devi and Rami Devi, are brought on record.
Amended memo of parties appended with the present application is ordered to be taken on record.
The application stands disposed of.
CMP No.25036 of 2024 Learned Additional Advocate General submits that no further proceedings against the judgment passed in the main appeal dated 01.08.2018 is pending adjudication before the Apex Court.
Other than the aforesaid, learned Additional Advocate General submits that they have no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants.
The instructions so filed vide communication dated 21.03.2025 are taken on record.
Other than the aforesaid, for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants in terms of their shares. The amount be remitted to the bank accounts, details whereof, have been given in Paragraph-7 of the application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Bullu Ram and others vs. Prabh Dyal
RSA No.526 of 2010
28.03.2025 Present: Dr. Lalit K. Sharma, Advocate, for the appellants, except
appellant No.1, who is stated to have expired. Mr. Vikrant Chandel, Advocate, for the respondent. Learned counsel for the respondent submits that appellant No.1 has died. Faced with the aforesaid, learned counsel for the appellants seeks time to have instructions in this respect and if in case appellant No.1 has died, then he undertakes to take consequential steps for bringing on record the legal heirs of deceased appellant No.1 within four weeks. List after four weeks.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
National Highway Authority of India vs. Bachhitar Singh and another Arbitration Appeal No.166 of 2024 28.03.2025 Present: Ms. Sneh Bhimta, Advocate, for the appellant.
Mr. Yuyutsu Singh Thakur, Advocate, for the respondents. As jointly prayed, list for consideration on 14.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Collector, Land Acquisition vs. Paras Ram and another RFA No.84 of 2017 28.03.2025 Present: Ms. Shreya Chauhan, Advocate, for the appellant.
Mr. Naveen K. Bhardwaj, Advocate, for respondent No.1, who is stated to have expired, respondents No.2 to 10 and 11, who is stated to have expired.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.12/State.
CMP No.5291 of 2025 For the reasons stated in the application, the same is allowed. The factum of death of respondent No.1-Paras Ram is taken on record. The application stands disposed of. CMP No.5293 of 2025
For the reasons stated in the application, the same is allowed. The factum of death of respondent No.11-Smt. Shaeri is taken on record. The application stands disposed of. RFA No.84 of 2017
Let consequential steps for bringing on record the legal heirs of deceased respondents No.1 and 11 be taken within four weeks. List thereafter.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Collector, Land Acquisition vs. Paras Ram and another RFA No.90 of 2017 28.03.2025 Present: Ms. Shreya Chauhan, Advocate, for the appellant.
Mr. Naveen K. Bhardwaj, Advocate, for respondent No.1, who is stated to have expired.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
CMP No.5259 of 2025 For the reasons stated in the application, the same is allowed. The factum of death of respondent No.1-Paras Ram is taken on record. The application stands disposed of. RFA No.90 of 2017
Let consequential steps for bringing on record the legal heirs of deceased respondent No.1 be taken within four weeks. List thereafter.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Madan Lal and others vs. Kalawati
Civil Revision No.73 of 2022
28.03.2025 Present: Mr. Somesh Sharma, Advocate, vice Mr. Karun Negi, Advocate, for the petitioners.
Ms. Dhanwanti, Advocate, vice Mr. Sanjay Bhardwaj, Advocate, for the respondent.
CMP No.5254 of 2025 For the reasons stated in the application, the same is allowed. Certified copies of the amended plaint and written statement filed before the trial Court are ordered to be taken on record.
The application stands disposed of.
Civil Revision No.73 of 2022 Learned counsel for the petitioners seeks time to place on record the other relevant documents, i.e., certified copies of the proceedings pending before the trial Court, in the case at hand.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Ramesh Kumar vs. Sanjeev Kumar
Cr. Revision No.310 of 2024
28.03.2025 Present: Mr. B.R. Kashyap, Advocate, for the petitioner.
Ms. Anita Mokta, Advocate, for the respondent. Cr.MP No.882 of 2025 For the reasons stated in the application, the same is allowed. Time for depositing 5% of the cheque amount as costs before the Himachal Pradesh State Legal Services Authority, Shimla, in terms of judgment dated 10.01.2025, passed in Criminal Revision No.310 of 2024, is extended by four weeks from today, i.e., 28.03.2025.
The application stands disposed of.
( Bipin C. Negi ) March 28, 2025 (KS) Judge Hira Lal vs. HRTC and another Execution Petition No.62 of 2025 28.03.2025 Present: Ms. Mamta Garg, Advocate, vice Mr. Vikas Rajput, Advocate, for the petitioner.
Mr. Dheeraj K. Vashishta, Advocate, for the respondents. Learned counsel for the respondents seeks time to file reply/instructions. Let the needful be done on or before the next date of hearing. List on 08.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Bhawani Dutt vs. State of HP and others RFA No.57 of 2016 a/w RFA No.136 of 2016 28.03.2025 Present: Mr. Arvind Sharma, Advocate, for the appellant(s), in both the appeals.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.1, 2 and 4/State.
Mr. Janesh Gupta, Advocate, for respondent No.3/NTPC. CMP No.24701 of 2024 in RFA No.57 of 2016 and CMP No.24702 of 2024 in RFA No.136 of 2016 For the reasons stated in the applications, early hearing of the appeals is allowed. The applications stand disposed of.
RFA No.57 of 2016 and RFA No.136 of 2016 List for hearing in the second week of July, 2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Banti Devi and another vs. Rakesh Sharma and others CMP No.24569 of 2024 in RSA No.314 of 2022 28.03.2025 Present: None for the appellants.
Mr. Navlesh Verma, Advocate, for the applicants/ respondents No.1 and 2.
Mr. Surender Verma, Advocate, for respondent No.3. Mr. Shashi Shirshoo, Senior Panel Counsel, for respondent No.4.
Mr. Arvind Sharma, Advocate, for respondent No.5. Let the applicants place on record the judgment and decree in furtherance whereof release of amount by way of present application is being sought. Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Chaman Lal vs. State of Himachal Pradesh Cr.MP(M) No.2948 of 2024 28.03.2025 Present: Mr. Anil Kumar Manget and Mr. Rajinder Gulati, Advocates, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State HC/ASI Prem Chand Pal No.65, I/O Police Post, Chail, Police Station, Kandaghat, District Solan, Himachal Pradesh, is present along with record.
Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration on 02.05.2025. Let the complainant be informed about the next date of hearing through the concerned Police Station.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
State of HP and others vs. Arjan and others CMP(M) No.2134 of 2024 28.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the applicants-appellants/State Mr. Virender Kumar, Advocate, vice Mr. Vivek Chandel, Advocate, for the non-applicants/respondents. CMP(M) No.2134 of 2024 In the filing of the present appeal, there is a delay of 57 days. The same has been duly explained in the application filed for condonation of delay. Even otherwise, while dealing with an application for condonation of delay filed by the State, one has to be conscious of the bureaucratic delays, impersonal nature of the governmental functioning, institutional interest and hence a justice oriented liberal approach has to be taken while dealing with such applications.
In this respect, it would be appropriate to refer to decision of the Hon'ble Apex Court passed in State of Manipur and others vs. Koting Lamkang, 2019 (10) SCC
408. The relevant extract of the same is being reproduced herein below:-
"7. But while concluding as above, it was necessary for the Court to also be conscious of the bureaucratic delay and the slow pace in reaching a government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it. Even while observing that the law of limitation would harshly affect the party, the Court felt that the delay in the appeal filed by the State, should not be condoned. against a judgment adverse to it. Even while observing that the law of limitation would harshly affect the party, the Court felt that the delay in the appeal filed by the State, should not be condoned.
8. Regard should be had in similar such circumstances to the impersonal nature of the Government's functioning where individual officers may fail to act responsibly. This in turn, would result in injustice to the institutional interest of the State. If the appeal filed by State are lost for individual default, those who are at fault, will not usually be individually affected"
Other than the aforesaid, it would also be appropriate to refer to judgment dated 09.10.2023, passed in Civil Appeal No.5867 of 2015 titled Sheo Raj Singh (deceased) through LRs. and others vs. Union of India and another. The relevant extract of the same is being reproduced herein below:-.
"37. Having bestowed serious consideration to the rival contentions, we feel that the High Court's decision to condone the delay on account of the first respondent's inability to present the appeal within time, for the reasons assigned therein, does not suffer from any error warranting interference. As the aforementioned judgments have shown, such an exercise of discretion does, at times, call for a liberal and justice- oriented approach by the Courts, where certain leeway could be provided to the State. The hidden forces that are at work in preventing an appeal by the State being presented within the prescribed period of limitation so as not to allow a higher court to pronounce upon the legality and validity of an order of a lower court and thereby secure unholy gains, can hardly be ignored. Impediments in the working of the grand scheme of governmental functions have to be removed by taking a pragmatic view on balancing of the competing interests."
Hence, for the reasons/sufficient cause stated in the application & the aforesaid position of law, delay in filing the present appeal is condoned. Application stands disposed of.
RSA No.______/2025 Be registered.
List with similar matters on 10.04.2025. CMP No._____of 2025 Be registered.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
State of HP and another vs. Tej Singh
CMP(M) No.1428 of 2024
28.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the
applicants-appellants/State
Mr. Amit Kumar Dhumal and Ms. Parul Negi, Advocates, for the non applicant/ respondent.
Reply is stated to have been filed on behalf of the non- applicant today in the Registry of this Court. Let objection(s), if any, in the reply be removed and the same be placed on record well before the next date of hearing.
List along-with similar matters on 10.04.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.53 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1008 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.53 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.46 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1006 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.46 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.55 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1007 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.55 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.48 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1005 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.48 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.49 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1004 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.49 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.50 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1003 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.50 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.52 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1002 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.52 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.54 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1001 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.54 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.45 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.1000 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.45 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.47 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.999 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.47 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.44 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.998 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.44 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
M/s Shri Guru Hargobind Steel Industries and others vs. M/s Prontos Private Limited and another Criminal Revision No.51 of 2025 28.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.997 of 2025 For the reasons stated in the application, the same is allowed. Time granted for deposit of 50% of the compensation amount in terms of order dated 20.01.2025 is extended by a period of four weeks from today. The application stands disposed of.
Cr. Revision No.51 of 2025
List on 01.05.2025.
( Bipin C. Negi )
March 28, 2025 (KS) Judge
Agya Ram vs. Kamla Devi and others
Civil Revision No.69 of 2018
27.03.2025 Present: Ms. Rajni Gandhi, Advocate, vice Mr. Rajiv Rai, Advocate,
for the petitioner.
Mr. Dinesh Bhanot, Advocate, for respondent No.1. Mr. Mukesh Sharma, Advocate, for respondents No.3 to 8. None for respondents No.2(a) to 2(e).
Learned counsel for respondent No.1 submits that he would furnish the address of respondent No.14 to the petitioner within one week. On furnishing the same, let steps for the service of respondent No.14 be taken within another two weeks. List thereafter.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Harminder Singh and another vs. Hako (deceased) through LRs. and others RSA No.106 of 2004 27.03.2025 Present: Mr. Divya Raj Singh, Advocate, for the appellants.
Appeal against respondents No.1 and 7 stands abated vide order dated 16.05.2024 and 27.12.2022, respectively. None for resondents No.2(a) to 2(c).
Mr. Ajay Sharma, Senior Advocate with Mr. Tarun Brakta, Advocate, for respondents No.3 to 6.
List the matter on 02.04.2025 to consider the effect of abatement in terms of order dated 18.03.2025.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Salig Ram and others vs. Roop Chand and another RSA No.267 of 2023 27.03.2025 Present: Mr. Dinesh Singh Chauhan, Advocate, for the appellant.
Mr. Jagat Pal, Advocate, vice Mr. Dinesh Kumar, Advocate, for the respondents.
Learned counsel for the parties submit that there is a possibility of amicable settlement between the parties and the matter be referred to the mediation.
On the request of learned counsel for the parties, the matter is sent for mediation. With the consent of the learned counsel for the parties, Mr. G.D. Verma, learned Senior Advocate, is appointed as Mediator in this matter.
Learned counsel for the parties to appear before the Mediator in the Main Mediation Centre, H.P. High Court, on 02.04.2025 at 11:00 a.m., who shall fix a date for presence of parties thereafter. The official Coordinator, High Court Main Mediation Centre shall render all assistance to learned Mediator.
List the matter before the Court after receipt of report of learned Mediator.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Jiwan Singh vs. Saroj Bala a/w connected matter RSA No.191 and 384 of 2022 27.03.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh Jaswal, Advocate, for the appellant. Mr. Sanjeev Kuthiala, Senior Advocate with Mr. Dhruv Kuthiala, Advocate, for the respondents. As jointly prayed, list after four weeks.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Pyare Chand vs. State of HP and others RSA No.33 of 2025 27.03.2025 Present: Mr. Sudhir Bhatnagar, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for the respondents/State.
At the request of learned counsel for the appellant, list after one week.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Rajesh Kumar and others vs. Onkar (deceased) through LR.
RSA No.153 of 2024 27.03.2025 Present: Mr. Naresh Sharma, Advocate, for the appellants.
Mr. Argun Sehgal, Advocate, for the respondent. CMP No.9373 of 2024 By way of indulgence, one last opportunity of filing reply is given to the non-applicant to do the needful. List after four weeks.
It is made clear that if no reply is filed on or before the next date of hearing, then the right to file the same shall stand closed without further reference to this Court.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
NTPC Limited vs. Jagdish and others
Civil Revision No.130 of 2024
27.03.2025 Present: Mr. Ajeet Pal Singh Jaswal, Advocate, for the petitioner.
Mr. Surender Verma, Advocate, for respondents No.1 to 9. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.10/State.
As jointly prayed, list after six weeks.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Pritha Sharma and another vs. Janak Raj Sharma and others Civil Revision No.67 of 2024 27.03.2025 Present: Mr. Sumit Raj Sharma, Advocate, for the petitioners.
Mr. Jeevesh Sharma, Advocate, for respondent No.1. As jointly prayed, list after six weeks.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Kuldeep Chand vs. Rasila Ram and others Civil Revision No.47 of 2024 27.03.2025 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Tarun Brakta, Advocate, for the petitioners.
Mr. K.S. Banyal, Senior Advocate with Mr. Uday Banyal, Advocate, for respondents No.1 to 6 and 8. As jointly prayed, list on 22.04.2025.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Naresh Kumar and others vs. Baldev and another RSA No.40 of 2009 27.03.2025 Present: Mr. Ramakant Sharma, Advocate, for the appellants.
Mr. Ishan Sharma, Advocate, for respondents No.1(a), 1(b) and 3.
CMP No.5119 of 2025 No reply is intended to be filed on behalf of the non- applicants. Respondent No.1(a)-Vyasa Devi has died on 25.07.2024. The same is evident from the Death Certificate appended along-with present application.
The right to sue inheres/survives in the legal heirs of deceased respondent No.1(a)-Vyasa Devi. Since the legal heir of deceased respondent No.1(a)-Vyasa Devi, i.e., Sonu @ Arvind is already on record as respondent No.1(b), therefore, the present application is allowed. Name of respondent No.1(a)-Vyasa Devi is ordered to be deleted from the array of the parties, subject to just all exceptions.
Amended memo of parties appended with the present application is ordered to be taken on record.
The application stands disposed of.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
The Principal Secretary Revenue to the Govt. of HP and others vs. Sant Ram and others CMP(M) No.314 of 2025 27.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the applicants-appellants-State.
On taking steps within three days, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Narinder vs. State of Himachal Pradesh Cr.MP(M) No.265 of 2025 27.03.2025 Present: Mr. Manoj Pathak, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
ASI Avtar Singh, Police Station, Chirgaon, District Shimla, Himachal Pradesh, is present along with record.
Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration on 24.04.2025.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Sahil Thakur vs. State of Himachal Pradesh Cr.MP(M) No.242 of 2025 27.03.2025 Present: Mr. Rakesh Chauhan, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
SI/SHO Ghanshyam, Police Station, Deha, District Shimla, Himachal Pradesh, is present along with record.
Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration on 23.04.2025.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Munish Kumar vs. State of Himachal Pradesh Cr.MP(M) No.189 of 2025 27.03.2025 Present: Mr. Ajay Sharma, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
ASI Ajay Kumar, Police Station, Sadar Chamba, Himachal Pradesh, is present along with record.
Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration on 21.04.2025.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Padam Chand and others vs. Assistant Collector and another CMPMO No.6 of 2025 27.03.2025 Present: Ms. Vandana Misra, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Mr. N.D. Sharma, Advocate, vice Mr. H.C. Sharma, Advocate, for respondent No.2/applicant in CMP No.5211 of 2025.
CMP No.5211 of 2025 Reply be filed on or before the next date of hearing. As already fixed, list on 04.04.2025.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Amin Chand vs. Jagat Ram (deceased) through LRs. and others CMP(M) No. 2080 of 2024 in RSA No.269 of 2009 27.03.2025 Present: Mr. K.D. Sood, Senior Advocate with Mr. Vivek Singh Thakur, Advocate, for the applicant.
Mr. Jai Ram Sharma, Advocate, for the non-applicants. Reply is stated to have been filed on behalf of the non- applicants. Learned counsel for the applicant submits that he has received the copy of the same and seeks time to file rejoinder thereto. However, the reply is not on record.
Let the needful be done within four weeks. List thereafter. It be ensured that the reply and rejoinder, post removal of objection(s), if any, are placed on record well before the next date of hearing.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
State of Himachal Pradesh vs. Naginder and others CMP(M) No.1642 of 2024 27.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellant/applicant-State.
CMP(M) No.1642 of 2024 As per Office report, respondents No.7, 10, 11, 19, 21, 22, 24 and 25 are reported to have died. Let consequential steps for bringing on record the legal heirs of the aforesaid deceased respondents be taken within four weeks.
Insofar as respondent No.6(d), i.e., Kumari Nisha is concerned, fresh steps for the service of her LRs., be taken within three days. On taking such steps, issue notice to respondent No.6(d), returnable within four weeks.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Prithvi Singh and another vs. The Principal Secretary (Power) to the Government of H.P. and others CMP(M) No.1527 of 2024 27.03.2025 Present: Mr. Ashok Kumar Tyagi, Advocate, for the applicant/ appellant.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.1 to 3/State.
Mr. Yashveer Singh Rathore, Advocate, for respondent No.4.
CMP(M) No.1527 of 2024 Till date, reply has not been filed. In terms of order dated 12.03.2025, right to file the same stands closed.
Heard counsel for the parties. For the sufficient cause shown in the application, the same is allowed. Delay of 165 days in filing the appeal, is condoned. The application stands disposed of.
RFA No.______of 2025 Be registered.
Admit.
Call for the records.
List for hearing in due course.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Priyanka Devi vs. Abnish Chandel
CMPMO No.666 of 2024
27.03.2025 Present: Mr. Yudhbir Singh Thakur, Advocate, for the petitioner.
CMPMO No.666/2024
Further time prayed for moving an appropriate application for serving the respondent by way of affixation and/or substituted services. Let the needful be done within one week. List thereafter.
CMP No.5158 of 2024
The petition, in the case at hand, has been filed for transfer of the divorce petition filed by the respondent, from the Court of Additional Principal Judge (Family Court), Sarkaghat, District Mandi to the Court of Additional District & Sessions Judge-cum- Family Court, Sundernagar, District Mandi. The copy of the petition for divorce has been appended along with present petition as Annexure P-2. The address of the respondent has been stated in the cause title therein. For effecting service, notices on previous occasions were sent by this Court on the address mentioned by the respondent in his divorce petition which is sought to be transferred.
From the report of service, it is evident that the respondent is evading service. In view thereof, further proceedings pending before the Court of learned Additional Principal Judge, Family Court, Sarkakhat, District Mandi, in H.M. Misc. Petition No.103/2024, are stayed till further orders.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Suresh Kumar vs. Meena Kumari
CMPMO No.543 of 2024
27.03.2025 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
Mr. Raju Ram Rahi, Advocate, for the respondent. Further time sought by learned counsel for the petitioner to have instructions in terms order dated 10.03.2025.
As prayed, list on 09.04.2025.
( Bipin C. Negi ) March 27, 2025 (KS) Judge Desh Raj vs. HRTC and another Execution Petition No.348 of 2024 27.03.2025 Present: Ms. Mamta Garg, Advocate, vice Mr. Vikas Rajput, Advocate, for the petitioner.
Ms. Shrutika Chauhan, Advocate, vice Mr. Dheeraj K. Vashishta, Advocate, for the respondents. In similar petitions, following order has been passed by a Division Bench of this Court:-
"This Court, over a period of time, is not only flooded but also choked with the execution petitions that are being filed against certain monopolistic Boards and Corporations like the HRTC, HPSEB etc. The common ground taken in all these cases by such authorities for non-execution of orders/judgments that have attained finality, is the financial crunch/financial constraints.
We really wonder as to why at the first place such monopolistic Corporations/Boards went into the red and suffered losses. We are not oblivious to the fact that earlier also, some of such institutions had to be closed down, only because they were no longer viable.
It is, therefore, high time that the State introspects its policies, more particularly, with regard to the subsidies and policies in general, restructures its Boards and Corporations so as to tide over the financial crunch.
We observe so, because even in matters regarding judicial infrastructure where the State hardly has to contribute 10% and 90% is contributed by the Central Government, the State Government has been expressing its inability to pay the matching grant due to financial crunch.
Here also in these cases, despite the orders having attained finality and thereafter clear cut directions having been passed in the execution petitions, such orders have still not been implemented by the HRTC only for want of finances. This is despite the fact that an additional grant of Rs.100 crores has been made by the State Government to the HRTC.
As observed above, it is high time that State introspects and devises a mechanism so as to ensure that all the Boards and Corporations that are in the red become self-sufficient, self reliant and do not have to unnecessarily go to the State Government with a begging bowl which in turn shall ensure that the orders of the Court are duly complied with and the Officers of the Boards/Corporations are not unnecessarily made to face harassment for no fault of theirs.
We could have conveniently initiated contempt proceedings, but looking into the state of affairs prevailing in the State, we refrain from doing so, with the hope and trust that the State Government, as noticed above, would introspect and submit a road map to this Court so as to ensure that not only the orders passed by this Court are timely complied with, but also ensure that the officers manning these Boards and Corporations are not made to face unnecessary harassment, especially when they are not at fault as the governance of the State does not lie in their hands.
List on 5th May, 2025. In the meanwhile, we hope and trust that all the dues as outstandings towards the petitioner(s) are paid to them, or else, this Court may be constrained to take coercive action to recover the same.
Execution Petition No.337 of 2024 De-linked."
List on 08.05.2025.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
ICICI Lombard General Insurance Company Limited vs. Naveen and others CMPMO No.287 of 2024 27.03.2025 Present: Mr. Jagdish Thakur, Advocate, for the petitioner.
Ms. Divya Rajta, Advocate, for respondent No.1. Ms. Shailja Thakur, Advocate, for respondents No.2 and 3. As jointly prayed, list after six weeks.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Ravi Thakur vs. Sukhwinder Singh Sukhu Civil Suit No.30 of 2024 27.03.2025 Present: Ms. Narvada, Advocate, vice Mr. Dikken Kumar, Advocate, for the plaintiff.
Mr. Navlesh Verma, Advocate, for the defendant. Learned counsel appearing on behalf of the defendant submits that an application for extension of time for filing written statement had been filed. However, the same is not on record.
Registry to trace the application so filed and place it on record well before the next date of hearing, post removal of objection(s), if any.
List after two weeks.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Rajesh vs. Babu Ram (deceased) through LRs. Civil Revision No.118 of 2024 27.03.2025 Present: Mr. Y.P. Sood, Advocate, for the petitioner.
Mr. Yash P. Sharma, Advocate, for the respondents. As jointly prayed, list for consideration after six weeks.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Jagdeesh Chand (deceased) through LRs. vs. Lachhmi Nand (deceased) through LRs. and others RSA No.26 of 2024 27.03.2025 Present: Mr. Rahul Mahajan, Advocate, for the appellants.
Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate, for respondents No.1, 2(a), 4 to 6 and 8 to 10.
Ms. Leena Guleria, Advocate, for respondents No.3, 7 and 11 to 13.
RSA No.26 of 2024 Admitted on the substantial questions of law Nos.2, 5, 7 & 8, formulated at Pages-34, 34(a) & 34(b) of the paper book.
Records of the Courts below be called for. List for hearing in due course.
CMP No.2163 of 2024 During the pendency of the appeal, parties shall maintain status quo qua possession and alienation of the suit land. CMP No.7099 of 2024
In view of the interim orders passed in CMP No.2163 of 2024, present application has become infructuous. CMP No.2599 of 2024
Since the documents, in question, already form part of the record, therefore, they are permitted to be taken on record. The application stands disposed of.
( Bipin C. Negi )
March 27, 2025 (KS) Judge
Rattnu (deceased) through LRs. vs. Kalawati (deceased) through LRs. and others RSA No.304 of 2023 26.03.2025 Present: Mr. Bhupinder Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the appellants. Name of respondent No.1 stands deleted. Ms. Neha Negi, Advocate, for respondent No.2. Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondents No.3(a), 3(b), 4(a) to 4(e).
Admitted on the substantial questions of law Nos.1 to 5, formulated at Pages-15 to 17 of the paper book.
List for hearing in due course.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Chuhar Singh (deceased) through LRs. vs. Milkha Singh (deceased) through LRs. and another CMPMO No.33 of 2025 26.03.2025 Present: Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate, for the petitioners. Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for respondents No.1(a) to 1(g). At the request of learned counsel for the petitioner, list in the fourth week of April, 2025.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Chuni Lal vs. Parkash Chand
CMPMO No.568 of 2024
26.03.2025 Present: Ms. Shailja Kumari, Advocate, vice Mr. Neel Kamal Sharma, Advocate, for the petitioner.
Mr. Vivek Singh Thakur, Advocate, for the respondent. Learned counsel for the petitioner submits that learned original counsel who was to argue the case is unavailable today on account of personal difficulty. He seeks an adjournment. Prayer not opposed.
As prayed, list after four weeks.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
New India Assurance Company Limited vs. Parveen Sood and another CMPMO No.548 of 2024 26.03.2025 Present: Mr. B.M. Chauhan, Senior Advocate with Ms. Kamakshi Tarlokta, Advocate, for the petitioner. Mr. Bunesh Pal, Advocate, for respondent No.1. Mr. Naveen Kumar Bhardwaj, Advocate, for respondent No.2.
CMPMO No.548 of 2024 List after four weeks.
CMP No.17222 of 2024 In the meanwhile, further proceedings pending before the Commissioner, Employees Compensation-II, Shimla, in Case No.15-6 of 2024, shall remain stayed.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Keshav Ram vs. Land Acquisition Collector, Koldam, Bilaspur and another CMPMO No.219 of 2024 26.03.2025 Present: Mr. Ashir Kaith, Advocate, vice Mr. Hamender Singh Chandel, Advocate, for the petitioner. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Rajat Kumar, Advocate, vice Mr. Ramesh Sharma, Advocate, for respondent No.2.
CMP No.5086 of 2025 Learned counsel for the parties jointly submit that the question which arises for consideration, in the case at hand, is akin to the one which arises for consideration in CMPMO No.220 of 2024.
In view thereof, list the present petition along with CMPMO No.220 of 2024.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Chamaroo (deceased) through LR and another vs. Om Chand RSA No.172 of 2024 26.03.2025 Present: Mr. Jagan Nath, Advocate, for the appellants.
Mr. Ajay Chandel, Advocate, for the respondent. Records of the Courts below be called for. List after six weeks.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Digjinder Singh and others vs. Bala Dutt Civil Revision No.166 of 2024 26.03.2025 Present: Mr. Amit Singh Chandel, Advocate, for the petitioners.
Mr. B.L. Soni and Mr. Nitin Soni, Advocates, for the respondent.
In the case at hand, two orders have been challenged, one under Order 9 Rule 9, which in terms of Order 43 of the Civil Procedure Code, is appealable and the other under Order 9 Rule 7 of the Civil Procedure Code. Since the order under Order 9 Rule 7 of the Civil Procedure Code does not finally terminate the proceedings, therefore, a challenge to the same under Section 115 of the Civil Procedure Code, is not prima facie maintainable. Learned counsel for the petitioner to justify the maintainability of the present petition.
As prayed, list on 07.04.2025.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Chaudhary Ram vs. Gurdass and another RSA No.154 of 2024 26.03.2025 Present: Mr. Gurmeet Bhardwaj, Advocate, for the appellant.
Ms. Himani Verma, Advocate, for the respondents. CMP No.9374 of 2024 Time for filing reply is being sought since 20.11.2024. The same be positively filed on or before the next date of hearing. List after four weeks.
It is made clear that if no reply is filed on or before the next date of hearing, then the right to file the same shall stand closed without further reference to this Court.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Ravinder Panwar & others vs. Varinder and others RSA No.327 of 2008 26.03.2025 Present: Mr. Vishwas Kaushal, Advocate, for the appellants.
Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondents No.1 & 2. None for respondents No.3(a) to 3(c), 3(e) and 3(g). Respondent No.3(d) is stated to have expired. CMP(M) No.647 of 2024 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased respondent No.3-Bhagwan Dass, are brought on record as is being sought in the present application. Legal heirs of deceased respondent No.3- Bhagwan Dass have been served. No one has put in appearance on their behalf.
Heard counsel for the parties. Deceased respondent No.3- Bhagwan Dass is stated to have expired on 28.01.2018. The details of the legal heirs of deceased respondent No.3-Bhagwan Dass are given in Paragraph-2 of the application.
Since the right to sue inheres/survives with the legal heirs of deceased respondent No.3-Bhagwan Dass, details whereof, have been given in Paragraph-2 of the present application, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application, delay in bringing on record the legal heirs of deceased respondent No.3-Bhagwan Dass, is condoned and abatement, if any, is set aside.
The application stands disposed of.
CMP(M) No.2008 of 2024No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased respondent No.3(d)-Jagdish, are brought on record as is being sought in the present application. Legal heirs of deceased respondent No.3(d)- Jagdish have been served. No one has put in appearance on their behalf.
Heard counsel for the parties. Deceased respondent No.3(d)-Jagdish is stated to have expired on 20.12.2003. The details of the legal heirs of deceased respondent No.3(d)-Jagdish are given in Paragraph-5 of the application.
Since the right to sue inheres/survives with the legal heirs of deceased respondent No.3(d)-Jagdish, therefore, they are ordered to be brought on record.
The application stands disposed of.
RSA No.327 of 2008 On taking steps within three days, issue notice to the newly added respondents, returnable within four weeks.
List after four weeks. In the meanwhile, amended memo of parties be filed.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Malkiat Singh and another vs. Janki Devi RSA No.171 of 2009 26.03.2025 Present: Mr. Rahul Gathania, Advocate, vice Mr. Sanjeev Sood, Advocate, for the appellants.
Sole respondent is stated to have expired. CMP No.12050 of 2024 Despite service of legal heirs of deceased Janki Devi in CMP(M) No.1857 of of 2023, i.e., Ravinder Kumar, Surinder Kumar and Ms. Sukanya Devi, they have not put in appearance either in person or through their counsel. In the same application, Ms. Sukanya Devi is yet to be served. In the absence of the aforesaid individuals, before this Court directions against them disclosing the name(s) and address(s) of legal heirs of Sushil Kumar is meaningless. The application stands disposed of. CMP No.1976 of 2025
For the reasons stated in the application, let legal heirs of Sushil Kumar, i.e., Sudesh Thakur in CMP(M) No.1046 of 2024 be served by way of affixation of summons at the last known address and by way of registered post. Similarly, legal heirs of Janki Devi, i.e., Ms. Sukanya Devi be served in CMP(M) No.1857 of 2023 by way of affixation of summons at the last known address and by way of registered post. The application stands disposed of. RSA No.171 of 2009
On taking steps within three days, issue notice to the legal heirs of deceased Sushil Kumar and Janki Devi, by way of affixation as directed in CMP No.1976 of 2025, returnable within four weeks.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
LAC and others vs. Sanjay and another RFA No.369 of 2019 26.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellants/State.
Ms. Shashi Kiran, Advocate, vice Mr. Rupinder Singh, Advocate, for respondents No.1 and 2.
Mr. Rakesh Thakur, Advocate, for the applicant in CMP Nos.5598 and 5599 of 2024.
CMP No.5598 of 2024 Learned counsel appearing on behalf of the applicant seeks time to place on record the judgment and decree passed by the Civil Court as also judgment, if any, in appeal(s) carried out therefrom, whereby rights have been conferred upon the applicant qua the land in question. Let the needful be done within four weeks. List thereafter.
CMP No.5599 of 2024
Till date, reply has not been filed. In temrs of order dated 07.03.2025 right to file the reply stands closed.
List for consideration a/w CMP No.5598 of 2024 after four weeks.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Shivkant and others vs. Sat Paul and another CMPMO No.157 of 2019 26.03.2025 Present: Mr. Divya Raj Singh, Advocate, for the petitioners.
Mr. Atharv Sharma, Advocate, for the respondents. Further time prayed by learned counsel for the parties to ascertain the status of the main matter pending before the Trial Court. Let the needful be done on or before the next date of hearing.
List on 02.04.2025.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
M/s Jaiprakash Industries vs. Hari Ram and another RFA No.280 of 2017 26.03.2025 Present: Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the appellant.
Mr. Virender Thakur, Advocate, for respondent No.1. Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Mr. Anil God, Advocate, for the UltraTEch Cement/ newly added respondent No.3.
CMP(M) No.2137 of 2024 For the sufficient cause shown in the application, the same is allowed. Delay in filing the Cross-Objection, is condoned. The application stands disposed of.
Cross Objection No.______ of 2025 Be registered.
List after four weeks.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
M/s Jaiprakash Associates Limited vs. Punnu Ram (deceased) through LRs. and another RFA No.72 of 2017 26.03.2025 Present: Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the appellant.
Mr. Virender Thakur, Advocate, for the proposed LRs. Of deceased respondent No.1.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Mr. Anil God, Advocate, for the UltraTEch Cement/ newly added respondent No.3.
CMP(M) No.46 of 2025 in CO No.1 of 2023 Since the Cross-Objections stand already registered as CO No.1 of 2023, therefore, the present application has become infructuous.
CMP No.2149 of 2023
No reply is intended to be filed on behalf of the non- applicant. For the reasons stated in the application, the same is allowed. The UltraTEech Cement, through its Unit Head/ In- charge, Village Baga, Post Office, Kandhar, Tehsil Arki, District Solan, H.P., is arrayed as respondent No.3, in the case at hand.
Amended memo of parties be filed within four weeks. The application stands disposed of.
RFA No.72 of 2017 & CO No.1 of 2023 Mr. Anil God, Learned Advocate puts in appearance on behalf of the newly added respondent No.3.
List after four weeks.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Vikrant Sood vs. Ram Kumar Sood and others Civil Revision No.86 of 2015 26.03.2025 Present: Mr. Anuj Gupta, Advocate, for the petitioner.
Mr. G.C. Gupta, Senior Advocate with Ms. Meera Devi, Advocate, for respondents No.1 to 4.
None for respondents No.5 & 6.
Respondent No.7 already proceeded against ex parte. CMP No.23352 of 2024 Reply and rejoinder are stated to have been filed. However, the same are not on record.
Registry to trace the reply and rejoinder so filed and place them on record well before the next date of hearing, post removal of objection(s), if any.
CMP No.13899 of 2024
Pleadings are complete. To be heard along-with the main petition.
Civil Revision No.86 of 2015
List for hearing on 07.05.2025.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Sameer Kumar vs. Onkar Singh and another RSA No.585 of 2010 26.03.2025 Present: Mr. Atharv Sharma, Advocate, for the appellant/applicant in CMP(M) No.356/2025.
Ms. Vandana Kumari, Advocate, for respondent No.1, who is stated to have expired.
None for respondent No.2.
CMP(M) No.356 of 2025 & CMP(M) No.357 of 2025 On taking steps within three days, issue notice to the legal heirs of deceased respondent No.1, detailed in Paragraph-2 of the application (CMP(M) No.357 of 2025), returnable within four weeks.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Sunehru Devi vs. Narender Kumar and others RSA No.609 of 2009 26.03.2025 Present: Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for the appellant.
Mr. Vivek Sharma, Advocate, for respondents No.1, 4 and 5. Mr. Vishwas Kaushal, Advocate, for respondents No.3(a) to 3(d).
Respondents No.2(a) to 2(c) stand served, however, there is no appearance on their behalf. Hence, they are proceeded against ex parte.
Learned counsel appearing on behalf of respondents No.3(a) to 3(d) seeks time to file power of attorney. Let the needful be done within three weeks. List thereafter.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Basant Singh (deceased) through LRs. vs. Kishan Dayal (deceased) through LRs. and others RSA No.187 of 2007 26.03.2025 Present: Mr. Basant Pal Thakur, Advocate, for the appellants.
None for the respondents.
Let steps for the service of legal heirs of deceased respondent No.1(a)-Smt. Brahmo Devi, who have been brought on record vide order dated 05.07.2024, be taken within three days. On taking such steps, issue notice to the said legal heirs, returnable within four weeks.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Krishan Singh and others vs. Joginder Singh (deceased) through LRs. and others RSA No.172 of 2006 26.03.2025 Present: Mr. Basant Pal Thakur, Advocate, for the appellants, except appellant No.1, who is stated to have expired. Ms. Amita Chandel, Advocate, vice Ms. Rachna Kuthiala, Advocate, for respondents No.1(a) to 1(f). Further time prayed for bringing on record the legal heirs of deceased appellant No.1. Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
HPSIDC Ltd. vs. Kewal Solvent Ltd. and others RFA No.53 of 2024 26.03.2025 Present: Mr. Sachin Sunail, Advocate, vice Mr. Chandan Goel, Advocate, for the appellant.
Learned vice counsel appearing on behalf of the appellant seeks time to ascertain the address of respondent No.1 and its Director from the Registrar of Companies. Let the needful be done within two weeks. List thereafter.
( Bipin C. Negi )
March 26, 2025 (KS) Judge
Om Prakash and others vs. M/s Vardhman Textile Mills Ltd.
RSA No.252 of 2024 25.03.2025 Present: Mr. Bhim Raj Sharma, Advocate, for the appellants.
Mr. R.L. Sood, Senior Advocate with Mr. Arjun Lall, Advocate, for the respondent.
At the request of learned counsel for the appellants, in order to enable him to prepare the case, list for consideration, at the stage of admission, on 25.04.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Riyaz Mohd. vs. Khem Raj
RSA No.246 of 2024
25.03.2025 Present: Mr. Prashant Chauhan, Advocate, vice Mr. Sarthak Mehta, Advocate, for the appellant.
Mr. Bhupinder Gupta, Senior Advocate with Mr. Pranjal Munjal, Advocate, for the respondents. At the request of learned counsel for the appellant, list the matter after four weeks.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Chet Ram and others vs. State of HP and others RSA No.207 of 2024 25.03.2025 Present: Mr. Nishant Khidtta, Advocate, for the appellants.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondents/State.
Learned counsel for the appellants submits that he intends to go through the record.
As prayed, list after six weeks.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Subhash Chand (deceased) through LRs. and others vs. Subhash Chand and another CMPMO No.47 of 2025 25.03.2025 Present: Mr. Karan Singh Kanwar, Advocate, for the petitioners.
Mr. Ankit Dhiman, Advocate, for respondents No.1 and 2. CMP No.2201 of 2025 Reply, as prayed, be filed within four weeks. List thereafter. Interim order to continue.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
State of HP and others vs. Sachin Kumar RSA No.36 of 2025 25.03.2025 Present: Mr. Manish Thakur, Deputy Advocate General, for the appellants.
Ms. Tim Saran, Advocate, for the respondent. Learned Deputy Advocate General submits that similar matters are posted for 10.04.2025, therefore, prays for listing of the same on the said date. Prayer allowed.
List on 10.04.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Pavnesh Kumar vs. Navneet Sharma and others RSA No.32 of 2025 25.03.2025 Present: Mr. Sanjay Kumar Jaswal, Advocate, for the appellant.
Mr. Rajesh Mandhotra, Advocate, for respondent No.10. At the request of learned counsel for the appellant, in order to enable him to prepare the case, list after four weeks.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Nisar Mohd. vs. Nanak and others
CMPMO No.407 of 2024
25.03.2025 Present: Mr. Bimal Gupta, Senior Advocate with Mr. Aman Thakur, Advocate, for the petitioner.
Respondents No.1 to 4 proceeded against ex parte vide order dated 19.11.2024.
Mr. Karan Singh Kanwar, Advocate, for respondents No.2 to 4.
Mr. Karan Singh Kanwar, learned Advocate has put in appearance on behalf of respondents No.2 to 4. He seeks time to file power of attorney. Let the needful be done within two weeks. List thereafter.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Subhash vs. State of HP and others a/w connected matter CMPMO No.400 of 2024 a/w CMPMO No.401 of 2024 25.03.2025 Present: Mr. Divya Raj Singh, Advocate, for the petitioner(s), in both the petitions.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1 & 3/State, in both the petitions. Ms. Lalita Sharma, Advocate, for respondents No.2, 4 & 5, in both the petitions.
Learned counsel appearing on behalf of the private respondents submits that learned Senior Counsel who was to argue the case is unavailable today on account of personal difficulty. She seeks an adjournment. Prayer not opposed.
List after four weeks.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Ganga Ram vs. Shyam Sunder
RSA No.224 of 2024
25.03.2025 Present: Mr. Ashwani Negi, Advocate, vice Mr. Dibender Ghosh, Advocate, for the appellant.
Mr. Himanshu Panwar, Advocate, for the respondent. CMP No.14721 of 2024 Since this application has been disposed of vide order dated 23.09.2024, therefore, no order is required to be passed. RSA No.224 of 2024
List after four weeks.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Sanjay and another vs. Puran Chand and others RSA No.170 of 2024 25.03.2025 Present: Mr. Sameer Thakur, Advocate, for the appellants.
Mr. Rajesh Mandhotra, Advocate, for respondents No.1 and 2.
None for respondents No.3(i) to 3(iv).
Admitted on the substantial questions of law No.2 and 3, formulated at Pages-23 and 24 of the paper book.
List for hearing in due course.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Harminder Singh and another vs. Hako (deceased) through LRs. and others RSA No.106 of 2004 25.03.2025 Present: Mr. Divya Raj Singh, Advocate, for the appellants.
Appeal against respondents No.1 and 7 stands abated vide order dated 16.05.2024 and 27.12.2022, respectively. None for resondents No.2(a) to 2(c).
Mr. Ajay Sharma, Senior Advocate with Mr. Tarun Brakta, Advocate, for respondents No.3 to 6.
Further time prayed on behalf of the appellants to consider the matter in the light of order dated 18.03.2025. Prayer not opposed. List on 27.03.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Mahant Onkar Nath (deceased) through LRs. Vs, A.G. Himachal Pradesh RFA No.109 of 2003 25.03.2025 Present: Mr. Janesh Gupta, Advocate, for the appellants.
Mr. K.D. Sood, Senior Advocate with Mr. Vivek Singh Thakur, Advocate, for the respondents. Learned counsel for the appellants submits that learned Senior Counsel who was to argue the case is unavailable today on account of personal difficulty. He seeks an adjournment. Prayer not opposed.
As prayed, list on 09.04.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Hem Chand vs. Hans Raj
Civil Suit No.70 of 2024
25.03.2025 Present: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the plaintiff.
Mr. Kulwant Singh Katoch, Advocate, for the defendant. OMP No.922 of 2024 Pleadings are complete.
OMP No.252 of 2025 Learned counsel for the applicant-plaintiff seeks time to file replication. Let the needful be done on or before the next date of hearing. List for consideration along-with OMP No.922 of 2024, on 08.04.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Vijaya Gupta and others vs. Kamal Kumar Gupta and others RSA No.45 of 2025 25.03.2025 Present: Mr. T.S. Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate, for the appellants. At the request of learned Senior Counsel, list after two weeks.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Land Acquisition Collector vs. Guro @ Gurbachan Singh CMP No.4802 of 2025 in RFA No.713 of 2012 25.03.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the appellant/State.
Mr. Jai Ram Sharma, Advocate, vice Mr. Rajinder Kumar Sharma, Advocate, for the respondents/applicants. CMP No.4802 of 2025 No reply is intended to be filed on behalf of the non-applicant. The non-applicant has no objection, if in case, the application is allowed and the legal heirs of deceased sole respondent-Guro @ Gurbachan Singh are brought on record as is being sought in the present application.
Heard counsel for the parties. Sole respondent-Guro @ Gurbachan Singh is stated to have expired on 15.12.2014. The same is evident from the Death Certificate appended along with the present application as Annexure A-2. The respondent is survived by five legal heirs, namely Harbhajan Singh, Partap Singh, Harbhajan Kaur, Krishna Devi and Vidhya Devi. The same is evident from Legal Heirs Certificate appended along with the present application as Annexure P-1. It is evident that the only legal heirs who are entitled to succeed to the immovable property of the deceased respondent, are Partap Singh and Harbhajan Singh, details whereof, have been given in Paragraph-2 of the application.
Since the right to receive compensation, in the case at hand, has accrued upon the legal heirs of deceased respondent, namely Partap Singh and Harbhajan Singh, therefore, they are ordered to be brought on record.
The application stands disposed of. Amended memo of parties filed along-with present application is ordered to be taken on record.
CMP No.4804 of 2025
No reply is intended to be filed on behalf of the non-applicant. The non-applicants has no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants.
The appeal, in the case at hand, was decided on 01.06.2016. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon'ble Apex Court.
Other than the aforesaid, for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants in terms of their shares. The amount be remitted to the bank accounts, details whereof, have been given in Paragraph-3 of the application, subject to proper verification. The application stands disposed of. CMP No.4803 of 2025
For the reasons stated in the application, the same is allowed. The applicant is exempted from filing the English translated copies of the documents in question.
The application stands disposed of.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Sunil Kumar Panta vs. Vijay Singh Khurana Cr.MP No.967 of 2025 in Cr. Revision No.1 of 2022 25.03.2025 Present: Mr. I.S. Chandel, Advocate, for the non-
applicant/petitioner.
Mr. D.S. Nainta and Mr. P.M. Negi, Advocate, for the applicant/respondent.
Cr.MP No.967/2025 The drawer of the cheque/non-applicant/petitioner was held entitled to refund of entire compensation amount along-with interest @ 6% per annum vide judgment dated 19.11.2024. The aforesaid amount was to be paid within 30 days from the said date.
Previously, an application being Cr.MP No.97 of 2025 was filed by the petitioner, seeking refund of the aforesaid amount. On 08.01.2025, when the said application was listed, respondent, through counsel admitted the liability of paying a sum of Rs.2,00,000/- with interest accrued thereupon from 14.02.2023 and undertook to deposit the said amount within eight weeks thereafter. On the said date, the matter was ordered to be listed in the fourth week of March, 2025.
Today, the present application has been filed on behalf of the applicant/respondent, seeking extension of time for depositing the aforesaid amount.
In the facts and attending circumstances of the case at hand, time to deposit the amount in terms of judgment dated 19.11.2024 is further extended by two weeks from today, i.e., 25.03.2025. However, it is made clear that no further time shall be granted to the applicants to do the needful.
The application stands disposed of.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Ritesh Kumar vs. State of Himachal Pradesh Cr.MP(M) No.315 of 2025 25.03.2025 Present: Mr. Anubhav Chopra, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State H.C. Ramesh Chand No.125, Police Station, Nerwa, District Shimla, Himachal Pradesh, is present along with record.
Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration on 08.04.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
The Land Acquisition Collector and others vs. Rattan Lal and another CMP(M) Nos.167 & 166 of 2025 in RFA No.56 of 2018 25.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the appellants/non-applicants/State.
Mr. Rakesh Thakur, Advocate, for the respondents/applicants. CMP(M) Nos.167 & 166 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the applications are allowed and the legal heirs of deceased respondent No.2-Balk Ram, are brought on record as is being sought in the application (CMP(M) No.166 of 2025).
The appeal, in the case at hand, was decided on 05.09.2018. Both counsels submit that no further proceedings against the said decision, as on date, are pending before the Hon'ble Apex Court.
Respondent No.2 is stated to have expired on 11.10.2016. The same is evident from the Death Certificate appended along with the application (CMP(M) No.167 of 2025) as Annexure R-1. Respondent No.2 is survived by his legal heirs, details whereof, have been given in Paragraph-2 of the application (CMP(M) No.166 of 2025). The same is in consonance with the details of the legal heirs given in Legal Heirs Certificate appended along with the application (CMP(M) No.167 of 2025).
Since the right to receive compensation, in the case at hand, has accrued upon the legal heirs of the aforesaid deceased respondent No.2, therefore, the applications are allowed. The legal heirs of deceased respondent No.2-Balk Ram, are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) No.167 of 2025), delay in bringing on record the legal heirs of deceased respondent No.2, is condoned and abatement, if any, is set aside.
The applications stand disposed of. Amended memo of parties filed with the applications is ordered to be taken on record.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Jeet Bahadur vs. State of Himachal Pradesh Cr.MP(M) No.110 of 2025 25.03.2025 Present: Mr. Karan Kapoor, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State ASI Kulwant Singh, I/O Police Station, Dhalli, District Shimla, Himachal Pradesh, is present along with record.
Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration on 09.04.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Renuka Ji Dam and another vs. Jai Pal Singh and others CMP Nos.20548 & 20549 of 2024 in RFA No.39 of 2019 25.03.2025 Present: Mr. Digvijay Singh Kanwar, Advocate, vice Mr. Yashveer Singh Rathore, Advocate, for the non-applicants/ appellants.
Mr. Vaibhav Kanwar, Advocate, for the applicants/ respondents.
Learned counsel appearing on behalf of the respondents submits that in terms of order dated 20.12.2024, appropriate applications have been filed in the Registry of this Court for bringing better particulars on record with respect to deceased respondents No.6 and 8. If in order, let the same be placed on record on or before the next date of hearing.
List on 02.04.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Parveen vs. Jasveer Singh
CMPMO No.501 of 2024
25.03.2025 Present: Mr. Anil Chauhan, Advocate, for the petitioner.
Mr. Parmod Singh Thakur and Ms. Vasundhara Kainthla, Advocates, for the respondent.
Learned counsel appearing on behalf of the respondent submits that there is a possibility of amicable settlement between the parties. In this respect, learned counsel for the petitioner seeks time to have instructions.
Let specific instructions, as to whether mediation is possible, in the case at hand, be sought on or before the next date of hearing.
List on 02.04.2025.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Mohinder Singh vs. Milap Chand and others CMP(M) No.339 of 2024 25.03.2025 Present: Mr. Saurabh Ahluwalia, Advocate, for the applicant.
None for respondents No.1 to 4.
In terms of order dated 24.12.2024, appropriate publication for effecting service upon respondents No.5 and 6 had been made in the newspaper, "Amar Ujala" Himachal Pradesh edition dated 25.03.2025. However, no one has put in appearance on behalf of respondents No.5 & 6. Hence, they are proceeded against ex parte.
At the request of learned counsel appearing on behalf of the applicant, list after six weeks.
( Bipin C. Negi )
March 25, 2025 (KS) Judge
Gopal Singh and another vs. Shiv Devi and others and connected matter RSA No.206 of 2010 a/w RSA No.216 of 2010 RSA No.206 of 2010 24.03.2025 Present: Mr. Sanjeev Sood, Advocate, for appellant No.1.
None for appellant No.2.
Mr. Bhupinder Gupta, Senior Advocate with Mr. Janesh Gupta and Ms. Rinki Kashmiri, Advocates, for respondents No.1 to 6.
Respondents No.10(a) to 10(c) ex parte. Name of respondent No.17 stands deleted. RSA No.216 of 2010 Mr. Sanjeev Sood, Advocate, for appellant No.1. None for appellant No.2.
Mr. Bhupinder Gupta, Senior Advocate with Mr. Janesh Gupta and Ms. Rinki Kashmiri, Advocates, for respondents No.1 to 6.
Learned counsel for the parties submit that there is a possibility of an amicable settlement between the parties. As prayed, list on 03.04.2025.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Jagmohan Sood vs. Vijay Sood and others CMPMO No.96 of 2023 24.03.2025 Present: Mr. Sumit Sood, Advocate, for the petitioner.
Mr. G.C. Gupta, Senior Advocate with Mr. Deepak Gupta, Avocate, for the respondents.
As jointly prayed, list on 01.04.2025.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Kuldeep Singh vs. Manjeet Singh and others RSA No.51 of 2025 24.03.2025 Present: Mr. Sanjeev Kuthiala, Senior Advocate with Mr. Druv Kuthiala, Advocate, for the appellant. RSA No.51 of 2025 On taking steps within three days, issue notice to the respondents, on substantial questions of law No.2, 3 and 5 formulated at Pages-12 and 13 of the paper book, returnable within four weeks.
Records be called for.
CMP No.4886 of 2025 Notice in the aforesaid terms.
In the meanwhile, status quo qua nature, possession of the suit land shall be maintained.
CMP No.4887 of 2025
Allowed and the applicant is exempted from filing certified copy of the judgment dated 11.09.2017, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Sushma vs. Sanjay Wadwa and others
CMPMO No.413 of 2024
24.03.2025 Present: Mr. Jeevan Kumar, Advocate, for the petitioner.
Mr. Atul Kumar, Advocate, for the respondents. Further time prayed for placing on record the additional documents. As prayed, list after four weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Tara Devi vs. Vikas Sharma and another RSA No.243 of 2024 24.03.2025 Present: Mr. Rakesh Thakur, Advocate, for the appellant.
Mr. Sanjay Prashar, Advocate, for respondent No.1. None for respondent No.2.
Record stands received.
Learned counsel for the parties intend to go through the same.
List for consideration after six weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
NTPC Limited vs. Nanki (deceased) through LRs. and others Civil Revision No.207 of 2024 24.03.2025 Present: Mr. Bhupinder Gupta, Senior Advocate with Mr. Janesh Gupta and Ms. Rinki Kashmiri, Advocates, for the petitioner.
Mr. Varun Rana, Advocate, for respondents No.1 and 2. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.3/State.
Learned vice counsel for the private respondents seeks time to file power of attorney.
As prayed, list after six weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Mast Ram vs. Sandeep Kumar and others RSA No.107 of 2024 24.03.2025 Present: Mr. Karan Singh Kanwar, Advocate, for the appellant.
Mr. Bhupinder Gupta, Senior Advocate with Mr. Janesh Gupta and Ms. Rinki Kashmiri, Advocate, for the respondents.
At the request of learned counsel for the appellant, in order to enable him to prepare the case, list after six weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Ram Swaroop vs. Union of India and another RSA No.78 of 2024 24.03.2025 Present: Mr. Rajul Chauhan, Advocate, for the appellants.
Mr. Veer Bahadur Verma, Central Government Counsel, for the respondents/ Union of India.
CMP No.5187 of 2024 Replication, if any, be filed within four weeks. List thereafter.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Gangi Devi and others vs. Gokal
Civil Revision No.69 of 2024
24.03.2025 Present: Mr. Bhender Kumar, Advocate, for the petitioners.
Mr. Sanjeev Kuthiala, Senior Advocate with Mr. Druv Kuthiala, Advocate, for the respondent. At the request of learned counsel for the petitioner, in order to enable him to prepare the case, list after six weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
LAC and others vs. Tara Wati
RFA No.61 of 2024
24.03.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the appellants/State.
Respondent is ex parte.
Admit.
On taking steps within three days, issue post admission notice to the respondent, returnable within four weeks.
Records be called for.
List for hearing in due course.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Praveen Kumar Sharma vs. Renu Kumar
CMPMO No.42 of 2024
24.03.2025 Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.
Mr. Ajay Kochhar, Senior Advocate with Mr. Vivek Sharma and Varun Chauhan, Advocates, for the respondent. Further time payed to comply with order dated 16.12.2024. Let the needful be done on or before the next date of hearing.
List on 07.04.2025.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Dhani Ram (since deceased) through LRs. vs. Prithvipal Singh (since deceased) through LRs. RSA No.34 of 2024 24.03.2025 Present: Mr. Atharv Sharma, Advocate, for the appellants, except appellant No.1(i), who is stated to have expired. Mr. Dheeraj K. Vashisht, Advocate, for the respondents. RSA No.34 of 2024 Further time payed for filing legible copies of the documents in question. Let the needful be done within four weeks. List thereafter.
CMP No.2697 of 2024
To be heard along-with main appeal.
CMP Nos.2696 & 2698 of 2024 Pleadings are complete. At the request of learned counsel for the applicant/appellant, list for consideration after four weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Pushpa Devi and others vs. Amit Kumar and others RFA No.8 of 2001 a/w CO No.119 of 2021 24.03.2025 Present: Mr. Bhupinder Gupta, Senior Advocate with Mr. Janesh Gupta and Ms. Rinki Kashmiri, Advocate, for the appellants.
Mr. Anuj Gupta, Advocate, for respondent No.1. Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Adocate, for respondent No.2.
Mr. N.S. Chandel, Senior Advocate with Mr. Vinod Gupta, Advocate, for respondent No.3(a).
Mr. Sahil Dixit, Advocate, for respondents No.4(a) to 4(c). Name of respondent No.3(b) stands deleted. Arguments heard.
Judgment reserved. The written arguments be filed within one week.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Balak Ram and others vs. Bhandaru and others a/w connected matter RFA No.170 of 2010 a/w RFA No.473 of 2015 24.03.2025 Present: Mr. Virender Thakur, Advocate, for the appellant(s).
Mr. Shubham Thakur, Advocate, vice Mr. Nand Lal Chauhan, Advocate, for respondents No.1 to 3, 5(a) to 5(c) in RFA No.170 of 2010 and respondents No.4(a) to 4(c) in RFA No.473 of 2015.
Respondent No.4 in RFA No.170 of 2010 already proceeded against ex parte vide order dated 29.10.2010. At the request of learned vice counsel appearing on behalf of the private respondents, list for hearing on 21.04.2025.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Narpat Ram vs. Rajeshwari Devi and others a/w connected matter CMPMO No.606 of 2023 a/w Cr.MMO No.1166 of 2023 24.03.2025 Present: Mr. Virender Thakur, Advocate, for the petitioner, in CMPMO No.606 of 2023 and for the respondent in Cr.MMO No.1166 of 2023.
Mr. Parikshit Sharma, Advocate, for respondents in CMPMO No.606 of 2023 and for the petitioner in Cr.MMO No.1166 of 2023.
As jointly prayed, list for consideration after two weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Sunil @ Sonu and others vs. Competent Authority- cum-Collector and others a/w connected matter CMPMO No.468 of 2023 a/w CMPMO No.555 of 2023 24.03.2025 Present: Mr. Paras Dhaulta, Advocate, for the petitioners, in CMPMO No.468 of 2023.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondents/State.
Mr. Maan Singh, Advocate, for respondents No.2(a) and 2(b), in CMPMO No.468 of 2023 and for the petitioner in CMPMO No.555 of 2023.
Mr. Lovneesh Singh Thakur, Advocate, for respondents No.3 to 8 and 10 in CMPMO No.468 of 2023 and for respondents No.2 to 7, 9 & 11 in CMPMO No.555 of 2023. Mr. Y.P. Sood, Advocate, for respondent No.9 in CMPMO No.468 of 2023 and for respondent No.10 in CMPMO No.555 of 2023.
Mr. Mukul Sood, Advocate, for respondent No.11 in CMPMO No.468 of 2023 and for respondent No.12 in CMPMO No.555 of 2023.
Mr. Bhupinder Singh Kanwar, Advocate, for respondent No.12 in CMPMO No.468 of 2023 and for respondent No.13 in CMPMO No.555 of 2023.
Mr. Sumit Sood, Advocate, for respondent No.13 in CMPMO No.468 of 2023 and for respondent No.14 in CMPMO No.555 of 2023.
Mr. H.S. Rangra, Advocate, for respondents No.14(a) to 14(c) in CMPMO No.468 of 2023 and for respondents No.15(a) to 15(c) in CMPMO No.555 of 2023. Learned counsel appearing on behalf of the petitioners in CMPMO No.468 of 2023 seeks an adjournment. Prayer not opposed. As prayed, list for consideration after four weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Anil Kumar and another vs. Nain Singh RSA No.211 of 2023 24.03.2025 Present: Mr. Sanjeev Kuthiala, Senior Advocate with Mr. Druv Kuthiala, Advocate, for the appellants. Mr. G.R. Palsra, Advocate, for the respondent. RSA No.211 of 2023 Admitted on the substantial questions of law No.2, 4 and 5 formulated at Page-13 and 14 of the paper book.
List for hearing in due course.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Abdul Majeed vs. The Eicher Tractors Ltd. and another RSA No.77 of 2023 24.03.2025 Present: Mr. Diwakar Dev Sharma, Advocate, for the appellant.
Mr. Atharv Sharma, Advocate, for respondent No.1. Mr. Rajesh Mandhotra, Advocate, for resplendent No.2. Power of attorney stands filed on behalf of respondent No.1 by Mr. Atharv Sharma, Advocate.
Record stands received.
Learned counsel for the parties intend to go through the same.
List for consideration after six weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Amit Handa vs. The Jullundur Krishna Dal Sewa Samiti RSA No.272 of 2022 24.03.2025 Present: Mr. Atharv Sharma, Advocate, for the appellant.
Mr. Divya Raj Singh, Advocate, for the respondent. Further time payed by the parties to inspect the record. As jointly prayed, list after four weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Nirmala Tanwar and others vs. Jiwan Malik and another CMPMO No.108 of 2022 24.03.2025 Present: Mr. Somesh Sharma, Advocate, vice Mr. Naresh Sharma, Advocate, for the petitioners.
Mr. Vipin Pandit, Advocate, for the respondents. Learned vice counsel appearing on behalf of the petitioners submits that learned Senior Counsel, who is to argue the case is not available today on account of ill health. He seeks an adjournment. Prayer not opposed.
As prayed, list on 21.04.2025.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Dinesh Kumar vs. Milkhi Ram and another RSA Nos.113 of and 114 of 2021 24.03.2025 Present: Mr. Ankit Dhiman, Advocate, vice Mr. Tarun K. Sharma, Advocate, for the appellant(s).
Mr. Rajinder Singh Thakur, Advocate, for the respondent(s), in both the appeals.
Learned vice counsel appearing on behalf of the appellant submits that the original counsel is unavailable today on account of personal difficulty. He seeks an adjournment. Prayer not opposed.
As prayed, list after four weeks.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Purshotam Chand and others vs. Jagat Ram and Ors. RSA No.7 of 2020 24.03.2025 Present: Mr. Vishwas Kaushal, Advocate, vice Mr. Vivek Negi, Advocate, for the appellants.
Mr. Sumit Sharma, Advocate, vice Mr. B.C. Verma, Advocate, for respondents No.1, 3(b), 4(a), 4(c), 4(d), 5, 10(a) to 10(d) and 11(a).
Mr. Neel Kamal Sharma, Advocate, for respondent No.2(a).
CMP No.4535 of 2025 Reply, as prayed, be filed within four weeks. List thereafter.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Nasib Kumar vs. Dev Dutt Sharma
CMPMO No.377 of 2019
24.03.2025 Present: Mr. Anirudh Sharma, Advocate, for the petitioner.
Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Amita Chandel, Advocate, for the proposed LRs. No.1(a) to 1(e) of sole respondent, who is stated to have expired. CMP(M) No.1036 of 2024 Pleadings in the case at hand are complete. For an effectual and complete adjudication of the matter, delay for bringing on record the legal representatives of deceased sole respondent, is condoned. Abatement, if any, is set aside. The application stands disposed of.
CMP(M) No.1035 of 2024
From perusal of the present application, it is evident that the sole respondent-Dev Dutt has expired. No reply is intended to be filed on behalf of the non-applicant. The non-applicant has no objection, if in case, the application is allowed and the legal heirs of deceased sole respondent -Dev Dutt, are brought on record as is being sought in the present application.
Heard counsel for the parties. Sole respondent -Dev Dutt is stated to have expired on 23.06.2023. The same is evident from the Death Certificate appended along with the present application as Annexure A-1. The details of the legal heirs of deceased Respondent -Dev Dutt are given in Paragraph-1 of the application, based on Pariwar Register, copy whereof has been appended along-with present application. However, in response to the present application, learned counsel for the legal heirs of deceased respondent submits that there is one more legal representative of deceased respondent, i.e., Smt. Sangeeta, daughter of deceased respondent. In view thereof, it is evident that the right to sue inheres/survives with the legal heirs of deceased respondent -Dev Dutt, details whereof, have been given in Paragraph-1 of the present application and Smt. Sangeeta, details whereof, have been given in preliminary submission No.3 of the reply filed to the present application, therefore, they are ordered to be brought on record. The application stands disposed of. Amended memo of parties be filed within four weeks.
CMPMO No.377 of 2019
List on 05.05.2025. In the meanwhile, power of attorney on behalf of newly added respondents No.1(a) to (e) be filed.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Asa Nand & sons vs. Arvind Kumar Sood a/w connected matters Civil Revision No.52 of 2018 a/w Civil Revision Nos.63, 120 and 137 of 2018 24.03.2025 Present: Mr. Bimal Gupta, Senior Advocate with Mr. Aman Thakur, Advocate, for the petitioners, in CR Nos.52 and 63 of 2018 and for the respondents in CR Nos.120 sad 137 of 2018. Mr. Vipin Pandit, Advocate, for the respondent in CR Nos.52 and 63 of 2018 and for the petitioner in CR Nos.120 and 137 of 2018.
At the request of learned counsel for the parties, list on 30.04.2025.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
Sanjeev Kumar Sharma and another vs. Suman Sharma and others Civil Revision No.10 of 2020 24.03.2025 Present: Mr. G.C. Gupta, Senior Advocate with Mr. Deepak Gupta, Advocate, for the petitioners.
Mr. Sumit Sood, Advocate, for respondents No.1 to 3. Learned counsel for the petitioners submits that he has moved an application for bringing on record the subsequent developments with respect to the suit property. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List on 27.03.2025.
( Bipin C. Negi )
March 24, 2025 (KS) Judge
General Manager, Northern Railway vs. Balbir Singh (deceased) through LRs. And another a/w connected matters.
RFA No.61 of 2021 a/w RFA Nos.60 & 62 of 2022 RFA No.61 of 2021 a/w RFA No.60 of 2022 22.03.2025 Present: Mr. Shiv Pal Manhans, Senior Panel Counsel, for the appellant, in both the appeals.
Mr. Atharv Sharma, Advocate, for respondents No.1(a) to 1(d), in both the appeals.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State, in both the appeals. RFA No.62 of 2022 Mr. B.N. Sharma, Additional Advocate General, for the appellants/State.
Mr. R.K. Sharma, Senior Advocate with Ms. Anita Devi, Advocate, for respondents No.1(a) to 1(c) though proceeded against ex parte vide order dated 03.08.2022. CMP No.4991 of 2024 in RFA No.61 of 2021 Heard counsel for the parties, perused the pleadings. From perusal of the award dated 05.03.2018, which is a subject matter of challenge, in the case at hand reflects that 28 Reference Petitions under Section 18 of the Land Acquisition Act, were disposed of vide a common judgment. Out of 28 Reference Petitions, two petitions at Sr. Nos.1 and 2 bore the following numbers:-
"(a) LAC Petition RBT No.78/16/2013 and
(b) LAC Petition RBT No.52/16/2013"
Insofar as (a) LAC Petition RBT No.78/16/2013 is concerned, there was only one petitioner in the said petition, namely Balbir Singh, whereas in the second petition, i.e., LAC Petition RBT No.52/16/2013, there were two petitioners, namely Balbir Singh and Yudhbir Singh. Admittedly, in the case at hand, inadvertently the name of Yudhbir Singh has not been depicted in the cause title, i.e., name of Yudhbir Singh seems to have been missed out.
The appeal arising out of the aforesaid Reference Petition is pending adjudication before this Court. In view thereof, let the records pertaining to LAC Petition RBT No.52/16/2013 be sent back to the Reference Court for carrying out necessary rectification(s) in the cause title.
Post carrying out necessary rectification(s) in the cause title, the records be sent back to this Court.
Let the needful be done forthwith.
CMP No.2967 of 2024 in RFA No.60 of 2022 Heard counsel for the parties, perused the pleadings. From perusal of the award dated 05.03.2018, which is a subject matter of challenge, in the case at hand reflects that 28 Reference Petitions under Section 18 of the Land Acquisition Act, were disposed of vide a common judgment. Out of 28 Reference Petitions, two petitions at Sr. Nos.1 and 2 bore the following numbers:-
"(a) LAC Petition RBT No.78/16/2013 and
(b) LAC Petition RBT No.52/16/2013"
Insofar as (a) LAC Petition RBT No.78/16/2013 is concerned, there was only one petitioner in the said petition, namely Balbir Singh, whereas in the second petition, i.e., LAC Petition RBT No.52/16/2013, there were two petitioners, namely Balbir Singh and Yudhbir Singh. Admittedly, in the case at hand, inadvertently the name of Yudhbir Singh has not been depicted in the cause title, i.e., name of Yudhbir Singh seems to have been missed out.
The appeal arising out of the aforesaid Reference Petition is pending adjudication before this Court. In view thereof, let the records pertaining to LAC Petition RBT No.52/16/2013 be sent back to the Reference Court for carrying out necessary rectification(s) in the cause title.
Post carrying out necessary rectification(s) in the cause title, the records be sent back to this Court.
Let the needful be done forthwith.
CMP No.2968 of 2025 in RFA No.60 of 2022 For the reasons stated in the application, the same is allowed. The applicant is exempted from filing the translated copies of the documents in question.
The application stands disposed of.
RFA No.62 of 2022 Amended memo of parties be filed on or before the next date of hearing. List after twelve weeks.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Jai Ram and another vs. Parwati Devi
RSA No.15 of 2022
22.03.2025 Present: Mr. Vivek Negi, Advocate, for the appellants/ applicants.
Mr. Surender Verma, Advocate, for the respondent/ non- applicant.
RSA No.15 of 2022 Certified copy of the trial Court judgment be filed within four weeks. List thereafter.
CMP No.1006 of 2022
The present application is dismissed being misconceived as the same has been filed under two provisions, i.e., Order 41 Rule 5 read with Order 39 Rules 1 & 2 and Section 151 of the Civil Procedure Code.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Rajindra Kumari and others vs. Raja Virbhadra Singh (deceased) through LRs. and another Civil Suit No.134 of 2021 22.03.2025 Present: Mr. Sumit Raj Sharma, Advocate, for plaintiffs No.2 and 3.
Plaintiffs No.1 and 4 are stated to have expired. Mr. G.D. Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for defendant No.1(a).
Mr. Bharat Thakur, Advocate, vice Mr. Tejasvi Dogra, Advocate, for defendants No.1(b), 1(d), 1(e). Ms. Anu Tuli, Advocate, for defendant No.1(c). Mr. Neeraj Gupta, Senior Advocate with Mr. Pranjal Munjal, Advocate, for defendant No.2.
OMP No.956 of 2022 Pleadings be completed on or before the next date of hearing.
At the joint request of learned counsel for the parties, list for consideration on 24.04.2025. It is made clear that no further opportunity shall be granted to the non-applicants to file reply.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Utter Pradesh Medical Supplies Corporation Limited vs. M/s Grampus Laboratories Arbitration Case No.220 of 2022 22.03.2025 Present: Mr. Ashok Kumar Sood, Senior Advocate with Mr. Khem Raj Thakur, Advocate, for the petitioner. Mr. Ravinder Singh Chandel, Advocate, for the respondent.
In terms of Sections 6 and 10 of the Commercial Courts Act, 2015, list the matter before the Commercial Division Bench.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
HPPCL and another vs. Devinder Singh and others a/w connected matters RFA Nos.405 & 406 of 2014 and RFA No.65 of 2015 22.03.2025 Present: Mr. Vivek Negi, Advocate, for the non-applicants/ appellants.
Mr. G.D. Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for the respondents/claimants. Learned Senior counsel for the respondents/claimants seeks time to go through the report of the Registrar (Judicial) dated 10.12.2024 and if need be to file objections to the same.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Ashok Kumar vs. Gurcharan Kaur @ Gurbachan Kaur and others RSA No.433 of 2014 22.03.2025 Present: Mr. Abhishek, Advocate, vice Ms. Rachna Kuthiala, Advocate, for the appellant.
Mr. Harish Kumar, Advocate, vice Mr. Jagat Pal, Advocate, for respondents No.1 and 2.
Respondent No.3 ex parte.
None for respondent No.4.
At the request of learned counsel for the parties, list after four weeks.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
General Manager, Northern Railway vs. Rattan Chand and others a/w connected matter RFA No.266 of 2014 a/w RFA No.322 of 2015 22.03.2025 Present: Mr. Nand Lal Thakur, Senior Panel Counsel, for the appellant(s), in both the appeals.
Respondent No.1 is stated to have expired. Mr. Atharv Sharma, Advocate, for respondents No.2 and 3 in RFA No.266 of 2014 and for respondents No.2, 4 and 5 in RFA No.322 of 2015.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondents/State, in both the appeals. CMP(M) No.289 of 2024 in RFA No.266/2014 For an effectual and complete adjudication of the matter, delay for bringing on record the legal representatives of deceased respondent No.1, is condoned. Abatement, if any, is set aside. The application stands disposed of.
CMP(M) No.288 of 2024 in RFA No.266/2014 From perusal of the present applications, it is evident that respondent No.1-Rattan Chand has expired.
No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the applications are allowed and the legal heirs of deceased respondent No.1- Rattan Chand, are brought on record as is being sought in the application (CMP(M) No.288 of 2024).
Heard counsel for the parties. Respondent No.1- Rattan Chand is stated to have expired on 15.07.2018. The same is evident from the Death Certificate appended along with the present application as Annexure A-1. Respondent No.1- Rattan Chand is survived by his legal heirs, details whereof, have been given in Paragraph-1 of the application (CMP(M) No.288 of 2024). From perusal of the legal heir certificate, it is evident that deceased respondent No.1- Rattan Chand is survived by two legal heirs, namely Varinder Kumar Sharma and Rajinder Kumar. Both the said legal heirs are already on record as respondents No.2 and 3. In view thereof, present applications are disposed of. The name of deceased respondent No.1- Rattan Chand is ordered to be deleted from the array of the parties, as his legal heirs are already on record as respondents No.2 and 3. Amended memo of parties be filed within four weeks. The applications stand disposed of. RFA No.322 of 2015
Learned counsel appearing on behalf of the appellants submits that objections in the application filed for bringing on record the legal heirs of deceased respondent No.1-Sukhdev Raj shall be removed during the course of the week. List thereafter.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Gian Chand vs. Onkar Singh a/w connected matter RSA No.554 of 2012 and RSA No.555 of 2012 22.03.2025 Present: None for the appellant(s).
Mr. Abhishek, Advocate, vice Ms. Rachna Kuthiala, Advocate, for the respondent(s).
RSA No.554 of 2012 & RSA No.555 of 2012 From perusal of order-sheet dated 29.08.2024, it is evident that the sole appellant, in the case at hand, has expired. Till date, no steps for bringing on record the legal heirs of deceased sole appellant have been taken.
The appeal, in the case at hand, has abated as the legal heirs of deceased appellant have not been brought on record within the prescribed period of limitation. Ordered accordingly.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Krishan Chand and others vs. Roop Lal (deceased) through LRs.
RSA No.537 of 201122.03.2025 Present: Mr. Vivek Sharma, Advocate, for the appellants.
Mr. Neel Kamal Sharma, Advocate, for the respondents. Fresh Power of attorney on behalf of appellant No.3, if not already filed, be filed on or before the next date of hearing.
List after four weeks.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
State of H.P. and others vs. Ganga Ram (deceased) through LRs.
RFA No.341 of 200922.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellants/State.
Ms. Veena Sharma, Advocate, for respondents No.1(a) to 1(c), 2(a) and 3/applicants.
Mr. Anirudh Sharma, Advocate, for respondents No.1(d) and 2(b).
CMP No.26210 of 2024 Heard learned counsel for the parties, perused the pleadings.
For the reasons stated in the application, the same is allowed. 20% of the amount lying deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants in terms of their share(s), detailed in Paragraph-12 of the application. The amount be remitted to the bank accounts, details whereof, have been given in the same paragraph of the application, subject to proper verifications. The application stands disposed of.
It is made clear that the aforesaid release of amount shall be subject to final outcome of the appeal and in case excess amount is received by the applicants, they shall be liable to refund the amount along-with interest.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Hoshiar Singh vs. Harvinder Singh and others RSA No.88 of 2023 22.03.2025 Present: Mr. Malay Kaushal, Advocate, for the petitioner.
Mr. Gurdev Negi, Advocate, for the respondents. Record stands received.
Learned counsel for the parties intend to go through the same.
List for consideration after four weeks. Interim order to continue.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Ajit Singh vs. Harvinder Singh
Civil Revision No.77 of 2023
22.03.2025 Present: Mr. Malay Kaushal, Advocate, vice Mr. Pawanish K. Shukla, Advocate, for the petitioner.
Ms. Heena Chauhan, Advocate, for the respondent. CMP No.14812 of 2024 Learned vice counsel for the petitioner submits that the original counsel, who is to argue the case is not available today on account of ill health of his minor daughter. He seeks an adjournment. Prayer not opposed.
As prayed, list on 07.04.2025.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Sushil Kumar vs. Karan Singh @ Karam Singh & Ors. CMPMO No.666 of 2022 22.03.2025 Present: Mr. Parikshit Sharma, Advocate, for the petitioner.
Mr. Rakesh Thakur, Advocate, for respondent No.1. Respondents No.2(a) and 2(b) are ex parte. At the request of learned counsel appearing on behalf of the petitioner, list on 21.04.2025.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Jagmohan vs. Saraswati Vihar Welfare Association and others CMPMO No.235 of 2022 22.03.2025 Present: Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. R.K. Gautam, Senior Advocate with Mr. Sahil Dixit, Advocate, for respondents No.1 to 4.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.5/State.
Learned counsel appearing on behalf of the petitioner submits that learned Senior Counsel is not available today. He seeks an adjournment. Prayer not opposed.
As prayed, list on 23.04.2025.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Sanjay Kumar vs. Kavita Kashyap and another Civil Revision No.11 of 2020 22.03.2025 Present: Mr. Suneet Goel, Senior Advocate with Mr. Vishvas Kaushal, Advocate, for the petitioner. Mr. Karan Singh Kanwar, Advocate, for the respondents. As jointly prayed, list after four weeks.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Raghubir Singh vs. Vijay Kumar and others Civil Revision No.169 of 2017 22.03.2025 Present: Mr. Basant Pal Thakur, Advocate, for the petitioner.
Mr. Rahul Gathania, Advocate, vice Mr. Sanjeev Sood, Advocate, for respondents No.1 & 2.
Learned counsel for the parties submit that there is no possibility of amicable settlement between the parties.
Respondent No.4 is stated to have expired. Let consequential steps for bringing on record the legal heirs of deceased respondent No.4 be taken within four weeks. List thereafter.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Arvind Kumar vs. Amitesh Shah and others Civil Revision No.103 of 2024 22.03.2025 Present: Mr. Avinash Jaryal, Advocate, for the petitioner.
Learned counsel appearing on behalf of the petitioner submits that an appropriate application for placing on record the summons by virtue of which he was served for the first time before the trial Court, has been filed. There are some objections in the said application and the same is lying under objection.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List on 02.04.2025.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Dharmender Singh vs. Devi Singh and others Civil Revision No.126 of 2022 22.03.2025 Present: Ms. Anchal Singh, Advocate, vice Mr. Vinod Chauhan, Advocate, for the petitioner.
Mr. Raju Ram Rahi, Advocate, for respondent No.1. Mr. Kulwant Singh Chauhan, Advocate, for respondent No.4 to 8.
Respondents No.2 & 3 proceeded against ex parte vide order dated 10.10.2022.
Learned vice counsel appearing on behalf of the petitioner submits that arguing counsel is unavailable today on account of ill health. She seeks an adjournment. Prayer not opposed.
As prayed, list on 28.03.2025.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Vinod Kumar vs. Som Parkash
Civil Revision No.61 of 2019
22.03.2025 Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.
Mr. Desh Raj Thakur, Advocate, for the respondent. As jointly prayed, list on 24.04.2025.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Nand Lal and another vs. Roop Lal and others a/w connected matters RSA Nos.149 to 151 of 2022 22.03.2025 Present: Mr. Jagat Pal, Advocate, vice Mr. H.S. Rangra, Advocate, for the appellants.
Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for the respondents No.1(a) to 1(c). Parties are present.
Learned counsel for the parties submit that there is a possibility of an amicable settlement between the parties and the matter be referred to the mediation.
On the request of learned counsel for the parties, the matter is sent for mediation. With the consent of the learned counsel for the parties, Mr. N.K. Sood, learned Senior Advocate, is appointed as Mediator in this matter.
Learned counsel for the parties submit that subject to availability of learned Mediator, they would be appearing before the Mediator along-with their respective parties today itself in the Main Mediation Centre, H.P. High Court. The official Coordinator, High Court Main Mediation Centre shall render all assistance to learned Mediator.
Registry is directed to make available the complete record to the learned Mediator.
Learned Mediator is requested to submit his report on or before the next date of hearing. Put up with the report of learned Mediator on 26.05.2025.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Tarsem Singh and others vs. Ramesh Chand and others RSA No.706 of 2008 a/w Cross Objection No.67 of 2009 22.03.2025 Present: Mr. Divya Raj Singh, Advocate, for the appellants/non-
cross objector.
Mr. Abhishek, Advocate vice Ms. Rachna Kuthiala, Advocate, for respondents No. 1, 2, 4(a) to 4(c), 5 to 8/cross-objectors.
None for respondents No. 3(a) and 3(b), 9 to 13 and 15 to 21. Respondent No. 14 is stated to have expired. Names of respondents No. 22, 25 to 27 stand deleted. Further time prayed for bringing on record the legal heirs of deceased respondent No.14. Let the needful be done within four weeks.
List after four weeks. In the meanwhile, newly added respondents No.3(a) and 3(b) may also file their power of attorney. Amended memo of parties be also filed in the meanwhile.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Muni Lal vs. State of HP and others
RSA No.299 of 2008
22.03.2025 Present: Mr. Romesh Verma, Senior Advocate with Mr. Digvijay
Singh, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for the respondents/State.
CMP No.10445 of 2024 Heard learned counsel for the parties, perused the contents of the application and the reply.
In the case at hand, the matter had been referred to mediation, however, the mediation had failed. Based on the concessions made at the mediation, present application has been filed by the applicant/appellant/plaintiff.
It is well settled that when a matter is pending adjudication before a Court and the parties during the pendency of the proceedings try to settle the dispute outside the Court, then any concession so made during such an attempted compromise, which ultimately did not fructify cannot be used by either of the parties.
In view thereof, present application stands disposed of.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Aslam Khan vs. State of Himachal Pradesh Cr.MP(M) No.625 of 2025 22.03.2025 Present: Mr. Nand Lal Thakur, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State and seeks time to file status report.
Learned counsel for the petitioner submits that other bail matters arising out of the same FIR have been listed for 26.03.2025.
List on 26.03.2025. Status report be filed on or before the next date of hearing.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Hiro Devi vs. Laxmi Devi and others
CMP(M) No.33 of 2025
22.03.2025 Present: Mr. Vishal Singh Thakur, Advocate, for the applicant/ appellant.
None for the non-applicants.
CMP(M) No.33 of 2025 For the sufficient cause shown in the application, the same is allowed. Delay of 32 days in filing the present appeal is condoned. The application stands disposed of.
RSA No.______/2025 Be registered.
List for admission after one week.
CMP No.______/2025 Be registered.
List along-with main appeal.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Rabinder Kumar vs. M/s Gupta Fruit Company and others CMPMO No.526 of 2015 22.03.2025 Present: Mr. Dushyant Dadwal, Advocate, for the petitioner.
Mr. Mukul Sood, Advocate, for respondent No.1. Ms. Kiran Lata Sharma, Advocate, for respondent No.18. None for respondents No.2 to 17.
As jointly prayed, list on 07.04.2025.
( Bipin C. Negi )
March 22, 2025 (KS) Judge
Pushpa Devi and others vs. Amit Kumar and others RFA No.8 of 2001 a/w CO No.119 of 2021 21.03.2025 Present: Mr. Bhupinder Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the appellants. Mr. Anuj Gupta, Advocate, for respondent No.1. Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Adocate, for respondent No.2.
Mr. Vinod Gupta, Advocate, for respondent No.3(a). Mr. Sahil Dixit, Advocate, for respondents No.4(a) to 4(c). Name of respondent No.3(b) stands deleted. Heard in part.
List for continuation on 22.03.2025.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Pushpa Devi and others vs. Amit Kumar and others RFA No.8 of 2001 a/w CO No.119 of 2021 21.03.2025 Present: Mr. Bhupinder Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the appellants. Mr. Anuj Gupta, Advocate, for respondent No.1. Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Adocate, for respondent No.2.
Mr. Vinod Gupta, Advocate, for respondent No.3(a). Mr. Sahil Dixit, Advocate, for respondents No.4(a) to 4(c). Name of respondent No.3(b) stands deleted. Heard in part.
List for continuation on 22.03.2025.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Durga Ram and others vs. The Principal Secretary (Power) and others CMP No.4334 of 2025 in RFA No.1 of 2023 21.03.2025 Present: Ms. Shashi Kiran, Advocate, for the appellants/non-
applicants.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1 & 3/State.
Mr. Hamender Singh Chandel, Advocate, for respondents No.2 & 4.
Mr. K.S. Dhaulta, Advocate, for the proforma responents/ applicants.
CMP No.4334 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.8(a)-Prem Dutt are brought on record as is being sought in the present application.
Heard counsel for the parties. Proforma respondent No.8(a)- Prem Dutt is stated to have expired on 02.04.2023 The same is evident from the Death Certificate appended along with the present application as Annexure A-1. Deceased proforma respondent No.8(a)-Prem Dutt is survived by his legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.8(a)-Prem Dutt therefore, they are ordered to be brought on record.
The application stands disposed of.
CMP No.4336 of 2025No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.10-Ram Devi are brought on record as is being sought in the present application.
Heard counsel for the parties. Proforma respondent No.10- Ram Devi is stated to have expired on 03.02.2024 The same is evident from the Death Certificate appended along with the present application as Annexure A-2. Deceased proforma respondent No.10-Ram Devi is survived by her legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.10-Ram Devi therefore, they are ordered to be brought on record.
The application stands disposed of.
CMP No.4337 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.14(a)-Suresh Kumar are brought on record as is being sought in the present application.
Heard counsel for the parties. Proforma respondent No.14(a)-Suresh Kumar is stated to have expired on 12.03.2023. The same is evident from the Death Certificate appended along with the present application. Deceased proforma respondent No.14(a)- Suresh Kumar is survived by his legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.8(a)-Prem Dutt therefore, they are ordered to be brought on record.
The application stands disposed of.
CMP No.4338 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.17-Satya Devi are brought on record as is being sought in the present application.
Heard counsel for the parties. Proforma respondent No.17- Satya Devi is stated to have expired on 14.03.2020. The same is evident from the Death Certificate appended along with the present application. Deceased proforma respondent No.17-Satya Devi is survived by her legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.17-Satya Devi, therefore, they are ordered to be brought on record.
The application stands disposed of.
CMP No.4339 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.19-Revti Devi are brought on record as is being sought in the present application.
Heard counsel for the parties. Proforma respondent No.17- Satya Devi is stated to have expired on 11.11.2017. The same is evident from the Death Certificate appended along with the present application as Annexure A-5. Deceased proforma respondent No.19-Revti Devi is survived by her legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.19-Revti Devi, therefore, they are ordered to be brought on record.
The application stands disposed of.
CMP No.4340 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.20-Ram Devi are brought on record as is being sought in the present application.
Heard counsel for the parties. Proforma respondent No.20- Ram Devi is stated to have expired on 03.02.2024. The same is evident from the Death Certificate appended along with the present application as Annexure A-6. Deceased proforma respondent No.20-Ram Devi is survived by her legal heir, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.20-Ram Devi, therefore, they are ordered to be brought on record.
The application stands disposed of.
CMP No.4341 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased proforma respondent No.38-Prem Devi are brought on record as is being sought in the present application.
Heard counsel for the parties. Proforma respondent No.38- Prem Devi is stated to have expired on 31.03.2019. The same is evident from the Death Certificate appended along with the present application as Annexure A-7. Deceased proforma respondent No.38-Prem Devi is survived by her legal heirs, details whereof, have been given in Paragraph-2 of the application. The same is in consonance with the details given in Legal Heirs Certificate appended along with the present application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased proforma respondent No.38-Prem Devi, therefore, they are ordered to be brought on record.
The application stands disposed of.
Amended memo of parties placed at Page-707 of the paper book is taken on record.
CMP No.4342 of 2025
No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants.
The appeal, in the case at hand, was decided on 02.01.2023. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon'ble Apex Court.
Other than the aforesaid, for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants in terms of their share(s), detailed in Annexure A-9 (colly.) appended with the application. The amount be remitted to the bank accounts, details whereof, have been given in Annexure A-8 (colly.) appended with the present application, subject to proper verification. The application stands disposed of.
CMP No.4343 of 2025
For the reasons stated in the application, the same is allowed. The applicants are exempted from filing English translated copies of the documents in question. The application stands disposed of.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Naveen Awasthi vs. Surender Singh
CMPMO No.115 of 2015
21.03.2025 Present: Mr. Tek Chand, Advocate, vice Mr. H.C. Sharma, Adocate,
for the petitioner.
Mr. Vishal Panwar, Advocate, for the respondent. Heard in part.
Learned counsel of the respondent has drawn the attention of this Court to the decision of the Hon'ble Apex Court in Kanaklata Das and others vs. Naba Kumar Das and others, 2018(2) SCC 352, specifically paragraph-11 and its sub paras.
Learned counsel for the petitioner seeks time to go through the same.
List on 24.03.2025.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Mohsin Ahmad vs. State of Himachal Pradesh Cr.MP(M) No.618 of 2025 21.03.2025 Present: Ms. Divya Rajta, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
As prayed by learned counsel appearing on behalf of the petitioner, list on 30.04.2025.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
South East Asian Study Foundation Trust and another vs. Vocational Education Foundation Trust and others Arbitration Case No.88 of 2025 21.03.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh Jaswal, Advocate, for the petitioners. In terms of Sections 6 and 10 of the Commercial Courts Act, 2015, the matter is to be listed before the Commercial Division Bench.
Other than the aforesaid, keeping in view the urgency in the matter, let the same be placed before the Hon'ble Chief Justice today for passing appropriate orders qua its listing before the appropriate Bench.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
The Principal Secretary and others vs. Sant Ram and others CMP(M) No.315 of 2025 21.03.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the applicants-appellants/State.
On taking steps within three days, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
The State of HP PWD and another vs. M/s Tenzin Constructions Co. Pvt. Ltd.
Arbitration Case No.80 of 2025 21.03.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the applicants/State.
In terms of Sections 6 and 10 of the Commercial Courts Act, 2015, list the matter before the Commercial Division Bench.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Narpat Singh vs. Bhaskar Dutt and others RSA No.13 of 2025 21.03.2025 Present: Mr. Vipin Bhatia, Advocate, vice Mr. Servedaman Rathore, Advocate, for the appellant.
Mr. Mehar Chand, Advocate, for respondents No.1 and 2. Respondents No.3 stands served. However, there is no appearance on her behalf. Hence, she is proceeded against ex parte.
As per report of the Registry, respondent No.4 is stated to have expired. Let consequential steps for bringing on record the legal heirs of deceased respondent No.4 be taken by the appellant within four weeks.
List after four weeks.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
The CEO-cum-Secretary vs. Gurbakash (deceased) through LRs. and others RFA No.89 of 2021 21.03.2025 Present: Ms Tamanna Chauhan, Advocate, vice Mr. R.L. Sharma, Advocate, for the appellant.
Mr. Rajesh Kumar Parmar, Advocate, for respondents No.1(a), 2 to 5.
Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.6 to 8.
CMP No.6322 of 2024 As jointly prayed, list for consideration after four weeks.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Kundan Singh vs. Panch Ram and another CMPMO No.123 of 2024 21.03.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh Jaswal, Advocate, for the petitioner. Respondent No.1 is stated to have expired. Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondent No.2.
CMP No.10008 of 2024 The present application has been filed for deletion of name of respondent No.1-Panch Ram, as according to the applicant, one of the legal heirs of said Panch Ram, i.e., Amar Singh, is already on record.
However, from perusal of the reply filed by the non- applicant, it is evident that other than Amar Singh, there are other legal heirs of deceased respondent No.1-Panch Ram, insofar as the suit land is concerned. By virtue of an alleged Will, there are other legal heirs of deceased respondent No.1-Panch Ram, detailed in Paragraph-3 of the reply (Page -161 of the paper book).
In the aforesaid facts and attending circumstances, on taking steps during the course of the day, let Dasti notice be issued to the proposed legal heirs detailed in Paragraph-3 of the reply (Page -161 of the paper book), i.e., LRs. No.1(a) to 1(e), returnable for 04.04.2025. Dasti notice be handed over to learned counsel for the applicant latest by 24.03.2025.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Yugal Kishore vs. Jiwan Lal
CMP(M) No.2133 of 2024
21.03.2025 Present: Mr. Pranjal Munjal, Advocate, vice Mr. Ajeet Pal Singh
Jaswal, Advocate, for the applicant-appellant. Mr. Parav Sharma, Advocate, for the respondent. Reply is stated to have been filed on behalf of the non- applicant. Learned counsel for the applicant submits that he has received the copy of the same. However, the same is not on record.
Registry to trace the reply and place it on record well before the next date of hearing, post removal of objection(s), if any.
Rejoinder, if any, be filed on or before the next date of hearing. List after three weeks.
Henceforth, name of Mr. Parav Sharma, learned Advocate be reflected in the cause list as counsel for the respondent.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Nain Parkash vs. Guddi Devi
CMPMO No.642 of 2024
21.03.2025 Present: Mr. Ashish Verma, Advocate, vice Mr. B.S. Attri, Advocate, for the petitioner.
Mr, Manoj, Advocate, vice Ms. Madhurika Sekhon, Advocate, for the respondent.
Learned vice counsel appearing on behalf of the petitioner submits that the arguing counsel is unavailable today on account of bereavement in his family. He seeks an adjournment. Prayer not opposed.
As prayed, list the matter after four weeks.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Vikas Kumar Mahajan vs. Dev Raj and others CMPMO No.459 of 2024 21.03.2025 Present: Mr. Naresh K. Sharma, Advocate, for the petitioner.
Mr. Mohit Sharma, Advocate, vice Mr. Vishal Bindra, Advocate, for respondent No.1.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.2/State.
CMP No.12831 of 2025 Since the arrears of wages stand deposited, therefore, interim order dated 01.08.2024 is made absolute. The application stands disposed of.
CMPMO No.459 of 2024
As jointly prayed, list for consideration on 04.04.2025.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Land Acquisition Collector vs. Sushma Kumari and others CMP(M) No.370 of 2024 21.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the applicants-appellants/State.
Mr. Karanveer Singh, Advocate, for respondents No.1 to 3 and 5.
CMP(M) No.334 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased respondent No.4- Jagdamba Prasad, are brought on record as is being sought in the present application.
Heard counsel for the parties. Respondent No.4- Jagdamba Prasad is stated to have expired on 16.04.2014. The same is evident from the Death Certificate appended along with the present application as Annexure R-1. Respondent No.4- Jagdamba Prasad is survived by his legal heirs, details whereof, have been given in Paragraph-3 of the application. The same is in consonance with the details of the legal heirs provided by the concerned Revenue Officials vide Annexure R-II appended along with the present application.
Since the legal heirs of deceased respondent No.4- Jagdamba Prasad are already on record as respondents No.1 to 3, therefore, present application is allowed. Name of respondent No.4- Jagdamba Prasad is ordered to be deleted, subject to just all exceptions. Amended memo of parties be filed within four weeks. The application stands disposed of.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Gian Chand and others vs. Sita Ram and others RSA No.284 of 2024 21.03.2025 Present: Mr. Naresh Verma, Advocate, for the appellants.
Mr. Ajay Chandel, Advocate, for respondent No.1. At the joint request of learned counsel for the parties, list after ten days.
( Bipin C. Negi )
March 21, 2025 (KS) Judge
Rekha Karol and others vs. Lachhmi Devi and others RSA No.272 of 2012 20.03.2025 Present: Ms. Meera Devi vice Mr. Deepak Gupta, Advocate, for the appellants.
Mr. Bhupinder Gupta, Senior Advocate with Mr. Janesh Gupta, Advocate, for respondent No.1.
Names of respondents No.2, 11 and 12 stand deleted. Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for respondent No.10. None for remaining respondents.
At the joint request of learned counsel for the parties, list on 06.05.2025.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Munshi Ram and others vs. Hukmi and another RSA No.202 of 2007 20.03.2025 Present: Mr. Y.P. Sood, Advocate, for the appellants, except appellants No.17(b), who is stated to have expired. Mr. Subhash Chander, Advocate, vice Mr. Dushyant Dadwal, Advocate, for the respondents. CMP(M) No.1316 of 2024 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the application is allowed and the legal heirs of deceased appellant No.17(b) are brought on record as is being sought in the present application.
Appellant No.17(b) is stated to have expired on 16.05.2024. The same is evident from the Death Certificate appended along with the present application as Annexure A-1. Appellant No.17(b) is survived by his legal heirs, details whereof, have been given in Paragraph-3 of the application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased appellant No.17(b), therefore, they are ordered to be brought on record.
The application stands disposed of. Amended memo of parties be filed within two weeks.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Supna Devi vs. Yog Raj and others a/w connected matters RSA No.112 of 2022 and RSA No.165 of 2023 RSA No.112 of 2022 20.03.2025 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate, for the appellant.
Ms. Mamta Bhatwan, Advocate, vice Mr. Aditya Thakur, Advocate, for respondent No.1(a) & 1(b). None for respondents No.2 to 6.
Respondent No.1 is stated to be expired. RSA No.165 of 2023 Ms. Mamta Bhatwan, Advocate, vice Mr. Aditya Thakur, Advocate, for the appellants.
Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate, for respondent No.1. None for respondents No.2 to 6.
Amended memo of parties be filed within two weeks. Power of attorney on behalf of respondents No.1(a) & 1(b), be also filed within four weeks. List thereafter.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Prakash Chand vs. Jeet Ram and others RSA No.1 of 2022 20.03.2025 Present: Mr. Virender Singh Kanwar, Advocate, for the appellant.
Mr. A.K. Sharma, Advocate, for respondent No.1. None for respondents No.2 to 8.
Learned counsel for the parties intend to have instructions, as to whether the matter inter se parties can be settled amicably. List after two weeks.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Rajeev Sharma vs. Ram Devi and others Civil Revision No.13 of 2021 20.03.2025 Present: Mr. Ashish Verma, Advocate, vice Mr. B.S. Attri, Advocate, for the petitioner.
None for respondents No.1, 2(a) to 2(c), 4 & 5. Respondent No.3 proceeded against ex parte vide order dated 12.08.2021.
Ms. Tanu Sharma, Advocate, as Court Guardian, for respondents No.6 & 7.
Learned vice counsel appearing on behalf of the petitioner submits that the arguing counsel is unavailable today on account of bereavement in his family. He seeks an adjournment.
As prayed, list the matter after four weeks.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Municipal Corporation Shimla vs. M/s Akar Enterprises Civil Revision No.80 of 2020 20.03.2025 Present: Mr. Mukul Sood, Advocate, for the petitioner.
Mr. Balwant Kukreja, Advocate, for the respondent. Learned counsel for the petitioner submits that an application for placing on record additional documents has been filed. Learned counsel for the respondent submits that he has received a copy of the same. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List on 26.03.2025.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Suresh Kumar & others vs. Santosh and others Civil Revision No.206 of 2022 20.03.2025 Present: Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate, for the petitioner.
Mr. Pranshul Sharma, Advocate, for respondent No.1. None for respondent No.2.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.3 & 4/State.
Heard in part. At the request of learned counsel for respondent No.1, list for continuation on 26.03.2025 in order to enable him to prepare the case.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Vidya Sagar and another vs. Mahant Ram CMPMO No.131 of 2022 20.03.2025 Present: Ms. Tara Devi, Advocate, vice Mr. P.P. Chauhan, Advocate, for the petitioners.
Mr. Hamender Singh Chandel, Advocate, for the respondent.
At the request of learned vice counsel appearing on behalf of the petitioner, list on 21.04.2025.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Vidya Sagar vs. Brij Lal and others
CMPMO No.323 of 2021
20.03.2025 Present: Mr. Janesh Mahajan, Advocate, for the petitioner.
Mr. Vijay Kumar Bhatia, Advocate, for respondents No.1 to 3. No notice issued to respondent No.4.
Records of the Trial Court be called for. List on 10.04.2025.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Noor Bibi @ Fazal Bibi vs. Union of India and others CMPMO No.1114 of 2019 20.03.2025 Present: Mr. Dheeraj K. Vashisht, Advocate, for the petitioner.
Mr. Rajinder Thakur, Central Government Counsel, for respondent No.1/Union of India.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
At the request of learned counsel for the respondent, list for consideration on 25.03.2025.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Shakuntala (deceased) through LR and another vs. Inder Singh CMPMO No.809 of 2019 20.03.2025 Present: Mr. Ajay Kumar, Advocate, for the petitioners.
Mr. Anil Kapoor, Advocate, vice Mr. Nimish Gupta, Advocate, for the respondent.
Learned counsel appearing on behalf of the petitioner seeks time to file fresh power of attorney as the original counsel has now been designated as Senior Advocate. Prayer not opposed.
Let the needful be done on or before the next date of hearing. List on 07.04.2025.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
The Land Acquisition Collector, HPPWD and another vs. Narpal Singh and others RFA No.28 of 2022 20.03.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the appellants/State.
Ms. Uma Manta, Advocate, for the respondents No.1 to 5/ applicants.
None for LRs. No.6(a), 6(b) & 6(c).
CMP No.586 of 2025 Heard counsel for the parties.
The present application has been filed on behalf of respondents No.1 to 5 for release of compensation amount lying deposited before the Court below along with upto date interest accrued thereupon. For the reasons stated in the application, the same is allowed and Reference Court is directed to release the 50% of the awarded amount along with proportionate interest accrued thereupon, subject to proper verification of their identities. The same be remitted in terms of share delineated in the land reference decided by the Reference Court on 18.01.2020. The amount along with proportionate interest be remitted in their bank accounts, details whereof have been given in Para-6 of the application. While disbursing 50% of the amount awarded in favour of the applicants' previous amount, if any, released in favour of the applicants be taken into account while determining the same. Application stands disposed of.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
Damber Bohra vs. State of H.P.
Cr.MP(M) No.3011 of 2024
20.03.2025 Present: Mr. C.D. Negi, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
At the request of learned counsel appearing on behalf of the petitioner, list for consideration on 09.04.2025.
( Bipin C. Negi )
March 20, 2025 (KS) Judge
State of Himachal Pradesh and another vs. Madan Lal and others CMP(M) No.443 of 2023 19.03.2025 Present: Ms. Sunaina, Deputy Advocate General, for the applicants-
appellants/State.
Mr. Kuldeep Chandel, Proxy Counsel, for respondents No.1 to 3, 4(b), 4(c), 5 & 6.
CMP(M) Nos.454 and 455 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the applications are allowed and the legal heirs of deceased respondent No.4 are brought on record as is being sought in the application (CMP(M) No.454 of 2025).
Respondent No.4 is stated to have expired on 04.03.2017. The same is evident from the Death Certificate appended along with the application (CMP(M) No.454 of 2025) as Annexure A-1. Respondent No.4 is survived by his legal heirs, details whereof, have been given in Paragraph-4 of the application (CMP(M) No.454 of 2025). The same is in consonance with the details of the legal heirs given in Legal Heirs Certificate appended along with the application (CMP(M) No.455 of 2025).
Insofar as legal heirs of deceased respondent No.4 are concerned, learned counsel has put in appearance on behalf of respondents No.4(b) and 4(c), i.e., Sunil Kumar and Rajan, sons of the deceased respectively.
The wife of deceased respondent No.4, i.e., Smt. Urmila Devi, who has been sought to be brought on record as respondent No.4(a), is also stated to have expired.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased respondent No.4 (respondents No.4(b) and 4(c), i.e., Sunil Kumar and Rajan), therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) No.455 of 2025), delay in bringing on record the legal heirs of deceased respondent No.4, is condoned and abatement, if any, is set aside.
Consequential steps for bringing on record the legal heirs of proposed respondent No.4(a), i.e., deceased-Urmila Devi, wife of deceased respondent No.4, be taken within four weeks.
The applications stand disposed of. Amended memo of parties be filed on or before the next date of hearing. CMP(M) No.443 of 2023
In the filing of the present appeal, there is a delay of about 1 year and 13 days. The same has been duly explained in the application filed for condonation of delay. Even otherwise, while dealing with an application for condonation of delay filed by the State, one has to be conscious of the bureaucratic delays, impersonal nature of the governmental functioning, institutional interest and hence a justice oriented liberal approach has to be taken while dealing with such applications.
In this respect, it would be appropriate to refer to decision of the Hon'ble Apex Court passed in State of Manipur and others vs. Koting Lamkang, 2019 (10) SCC
408. The relevant extract of the same is being reproduced herein below:-
"7. But while concluding as above, it was necessary for the Court to also be conscious of the bureaucratic delay and the slow pace in reaching a government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it. Even while observing that the law of limitation would harshly affect the party, the Court felt that the delay in the appeal filed by the State, should not be condoned. against a judgment adverse to it. Even while observing that the law of limitation would harshly affect the party, the Court felt that the delay in the appeal filed by the State, should not be condoned.
8. Regard should be had in similar such circumstances to the impersonal nature of the Government's functioning where individual officers may fail to act responsibly. This in turn, would result in injustice to the institutional interest of the State. If the appeal filed by State are lost for individual default, those who are at fault, will not usually be individually affected"
Other than the aforesaid, it would also be appropriate to refer to judgment dated 09.10.2023, passed in Civil Appeal No.5867 of 2015 titled Sheo Raj Singh (deceased) through LRs. and others vs. Union of India and another. The relevant extract of the same is being reproduced herein below:-.
"37. Having bestowed serious consideration to the rival contentions, we feel that the High Court's decision to condone the delay on account of the first respondent's inability to present the appeal within time, for the reasons assigned therein, does not suffer from any error warranting interference. As the aforementioned judgments have shown, such an exercise of discretion does, at times, call for a liberal and justice- oriented approach by the Courts, where certain leeway could be provided to the State. The hidden forces that are at work in preventing an appeal by the State being presented within the prescribed period of limitation so as not to allow a higher court to pronounce upon the legality and validity of an order of a lower court and thereby secure unholy gains, can hardly be ignored. Impediments in the working of the grand scheme of governmental functions have to be removed by taking a pragmatic view on balancing of the competing interests."
Hence, for the reasons/sufficient cause stated in the application & the aforesaid position of law, delay in filing the present appeal is condoned. Application stands disposed of.
RFA No.______/2025 (Be registered) Admit.
Records be called for.
List for hearing in due course.
CMP No._____of 2025 During the pendency of the present appeal, operation and execution of judgment/award dated 10.02.2022, passed by learned Additional District Judge, Hamirpur, H.P., in Land Reference Petition No.3 of 2019, shall remain stayed, subject to depositing of the awarded amount along-with up-to-date interest.
The application stands disposed of.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Jaya Nand Sharma vs. Basant Lal Rajta CMP(M) No.1132 of 2024 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the applicant/ appellant.
CMP(M) No.1132 of 2024 On taking steps within three days, issue notice to the respondent, returnable within four weeks. CMP No.13093 of 2024
Allowed and the applicant is exempted from filing English translated copies of the documents, in question, annexed with the accompanying plaint, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
The State of HP PWD and another vs. D.C. Chandel Arbitration Case No.865 of 2024 19.03.2025 Present: Ms. Sunaina, Deputy Advocate General, for the petitioners/State.
Mr. Kuldeep Chandel, Proxy Counsel, for the defendants. Further two weeks' time is prayed for depositing the awarded amount along-with up-to-date interest. Time, as prayed, is allowed.
Let the amount be deposited within two weeks from today. It is made clear that execution of award under challenge shall remain stayed subject to depositing of the entire awarded amount along-with up-to-date interest accrued thereupon. If the same is not deposited within two weeks, then the respondents shall be free to file an appropriate execution petition.
List after two weeks.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
State of HP and others vs. Vikas Sharma Arbitration Case No.505 of 2024 19.03.2025 Present: Ms. Sunaina, Deputy Advocate General, for the petitioners/State.
Further two weeks' time is prayed for depositing the awarded amount along-with up-to-date interest. Time, as prayed, is allowed.
Let the amount be deposited within two weeks from today. It is made clear that execution of award under challenge shall remain stayed subject to depositing of the awarded amount along-with up-to-date interest. If the same is not deposited within two weeks, then the respondents shall be free to file an appropriate execution petition.
List after two weeks.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Ashok Kumar Sharma vs. Asha & another Civil Suit No.7 of 2024 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the plaintiff.
Mr. Kuldeep Chandel, Proxy Counsel, for the defendants. OMP Nos.106 and 107 of 2025 For the reasons stated in the applications, the same are allowed. The delay in filing, re-filing the written statement is condoned. The applications stand disposed of. OMP No.108 of 2025
Allowed and the applicant is exempted from filing translated copies of the documents, in question, annexed with the accompanying plaint, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
N.S.L. Masli Power Generation Power Limited vs. Bhagat Singh (deceased) through LRs. and others CMP(M) No.1606 of 2023 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the applicants/ appellants.
Mr. Kuldeep Chandel, Proxy Counsel, for respondents No.3(a) to 3(d).
Ms. Sunaina, Deputy Advocate General, for respondents No.4 and 5/State.
Respondents No.1(a) to 1(e), 2 and 6(a) to 6(e) already ex parte.
Further time prayed on behalf of respondents No.4 and 5 to file reply. Let the needful be done within six weeks. List thereafter.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Director, National Institute of Technology and another vs. M/s Himachal Techno Engineer Arbitration Case No.881 of 2023 19.03.2025 Present: Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajiv Sharma, Advocate, for the petitioners-objectors/Union of India. Mr. Kuldeep Chandel, Proxy Counsel, for the respondent. List before the Commercial Division Bench.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Suraj Pal & another vs. Usuf and others RSA No.268 of 2022 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the appellants.
Mr. Kuldeep Chandel, Proxy Counsel, for the respondents. Since the appeal stands admitted vide order dated 13.09.2022, therefore, list the same for hearing in due course.
In the meanwhile, translated copy of the Jamabandi, as directed on 10.03.2023 in CMP No.12835 of 2022, be filed.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Shamsher Masih vs. Menu Parkash
CMPMO No.465 of 2019
19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the petitioner.
Mr. Kuldeep Chandel, Proxy Counsel, for the respondent. List for consideration on 03.04.2025.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Satya Devi & Others vs. Shashi Pal and others Civil Revision No.33 of 2017 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for all the petitioners, except petitioner No.7, who is stated to have expired.
Mr. Kuldeep Chandel, Proxy Counsel, for respondent No.1 Respondents No.7, 8 and 10 are stated to have expired. Respondents No.2 to 6, 9, 11, 12 and 15 ex parte. None for respondents No.13 and 14.
Further time prayed for bringing on record the legal heirs of deceased petitioner No.7, respondents No.8 and 10. Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Gurmail Singh vs. Ram Nath and others RSA No.678 of 2012 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the appellant.
Mr. Kuldeep Chandel, Proxy Counsel, for respondents No.1, 3, 6 to 8, 10 and 11.
Respondents No.2, 4 & 9 are stated to have expired. CMP(M) Nos.1175 & 1176 of 2024 On the persuasive request of learned proxy counsel, by way of indulgence, one more opportunity of two weeks is afforded to the appellant/applicant for effecting service upon proposed respondent No.2(c).
On taking steps within two weeks, let notice be issued to the proposed respondent No.2(c), returnable within four weeks.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Sita Ram vs. Bal Ram
RSA No.508 of 2011
19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the proposed
LRs. of deceased appellant.
Mr. Kuldeep Chandel, Proxy Counsel, for the respondent. CMP(M) Nos.299 and 300 of 2025 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection, if in case, the applications are allowed and the legal heirs of deceased sole appellant are brought on record as is being sought in the application (CMP(M) No.299 of 2025).
The appellant is stated to have expired on 16.04.2023. The same is evident from the Death Certificate appended along with the application (CMP(M) No.299 of 2025) as Annexure A-1. The appellant is survived by his legal heirs, details whereof, have been given in Paragraph-4 of the application (CMP(M) No.299 of 2025). The same is in consonance with the details of the legal heirs given in Legal Heirs Certificate appended along with the application (CMP(M) No.299 of 2025).
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased sole appellant, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) No.300 of 2025), delay in bringing on record the legal heirs of deceased sole appellant, is condoned and abatement, if any, is set aside.
The applications stand disposed of.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Jagan Nath vs. Sanatan Dharam Sabha Kullu RSA No.378 of 2010 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the appellant.
Mr. Kuldeep Chandel, Proxy Counsel, for the respondent. CMP No.22733 of 2024 For the reasons stated in the application, early hearing of the appeal is allowed. The application stands disposed of. RSA No.378 of 2010
List for hearing in the second week of August, 2025.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Dahelu (deceased) through LRs. vs. Bhadaru and others RSA No.346 of 2009 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for appellants No.1(a), 1(b), 1(d) and 1(e).
Appellant No.1(c) is stated to have expired. Names of respondents No.2, 3, 4 and 9 stand deleted. Respondents No.8 is stated to have expired. Mr. Kuldeep Chandel, Proxy Counsel, for the remaining respondents.
Further time prayed for filing power of attorney on behalf of respondents No.5(a) to 5(e). Besides the aforesaid, further time is prayed for bringing on record the legal heirs of deceased respondent No.8.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Naresh vs. Geeta Devi and others
RSA No.276 of 2009
19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the appellant.
Mr. Kuldeep Chandel, Proxy Counsel, for respondents No.1 to 3.
None for respondents No.4 to 11.
CMP No.3722 of 2025 For the reasons stated in the application, early hearing of the appeal is allowed. The application stands disposed of. RSA No.276 of 2009
List for hearing in the first week of August, 2025.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Shiv Giri (deceased) & others vs. Shiv Mandi Sudhar Sabha and others a/w connected matters. RSA No.39 of 2008 a/w CMPMO No.303 of 2021 and CMP No.14303 of 2021 RSA No.39 of 2008 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the appellants.
Mr. Kuldeep Chandel, Proxy Counsel, for the respondent(s).
CMPMO No.303 of 2021 Ms. Shivangi Sharma, Proxy Counsel, for the petitioners. Mr. Kuldeep Chandel, Proxy Counsel, for the respondent(s).
CMP No.14303 of 2021 Ms. Shivangi Sharma, Proxy Counsel, for the applicant. Mr. Kuldeep Chandel, Proxy Counsel, for the respondent(s).
CMP(M) No.850/2020 & CMP(M) No.183/2021 in RSA No.39 of 2008 At the joint request of learned proxy counsel appearing on behalf of the parties, list for consideration after two weeks. RSA No.39 of 2008
Learned proxy counsel appearing on behalf of the appellants submits that objections in the application filed under Order 1 Rule 10 of the Civil Procedure Code shall be removed.
Post removal of the objections, if any, the application be listed for consideration after four weeks.
CMP(M) No.216 of 2023 in CMPMO No.303 of 2021 Reply, as prayed, be filed on or before the next date of hearing. List after four weeks.
CMP No.3244 of 2023 in CMPMO No.303 of 2021 Allowed and the applicants are exempted from filing translated copies of the documents, in question, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Vijaya Gupta and others vs. Kamal Kumar Gupta and others RSA No.45 of 2025 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the appellants.
At the request of learned proxy counsel appearing on behalf of the appellants, list for consideration on 25.03.2025.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Ram Kumar vs. Surjeet Kaur and others CMPMO No.36 of 2025 19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the petitioner.
At the request of learned proxy counsel appearing on behalf of the petitioner, list for consideration on 01.04.2025.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Rajeev Nag vs. H.P. Wakf Board
RFA No.12 of 2025
19.03.2025 Present: Ms. Shivangi Sharma, Proxy Counsel, for the appellant.
Mr. Kuldeep Chandel, Proxy Counsel, for the respondent. RFA No.12 of 2025 Notice. Mr. Kuldeep Chandel, learned proxy counsel, on instructions from Mr. Ajay Kumar Sharma, learned counsel, appears and waives service of notice on behalf of the respondent.
List for consideration after four weeks. CMP No.3472 of 2025 Learned proxy counsel for the appellant states that she is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
( Bipin C. Negi )
March 19, 2025 (KS) Judge
Kamla Devi vs. Sheela Devi and others RSA No.181 of 2024 18.03.2025 Present: Mr. H.S. Rangra, Advocate, for the appellant.
Mr. Gurmeet Bhardwaj and Ms. Anuja Mehta, Advocates, for the respondents.
Record stands received.
Learned counsel for the parties intend to go through the same.
List for consideration after four weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Jagdish Singh vs. Deepak Kumar
RSA No.131 of 2024
18.03.2025 Present: Mr. Ashok Kumar Thakur, Advocate, for the appellant.
Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the respondents.
Record stands received.
Learned counsel for the parties intend to go through the same.
List for consideration after four weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
M/s Jawala Ji Alloys Steel Pvt. Ltd. vs. HPSEBL RFA No.44 of 2024 18.03.2025 Present: Mr. Atharv Sharma, Advocate, for the appellant.
Mr. Dhananjay Sharma, Advocate, for the respondent. Mediation in the case at hand has failed. Record stands received.
Learned counsel for the parties intend to go through the same.
List for consideration after four weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
NTPCL vs. Lachhami & Others
Civil Revision No.28 of 2024
18.03.2025 Present: Ms. Rinki Kashmiri, Advocate, vice Mr. Ajeet Pal Singh, Advocate, for the petitioner.
Respondents No.1 and 2 proceeded againt ex parte vide order dated 24.05.2024.
Mr. Ashir Kaith, Advocate, vice Mr. Hamender Singh Chandel, Advocate, for respndents No.3 to 7, 8(a) to 8(c). Mr. Manish Thakur, Deputy Advocate General, for respondent No.9/ State.
At the joint request of learned counsel for the parties, list the matter in the second week of May, 2025.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Dev Raj vs. Durga Dass and others
RSA No.16 of 2024
18.03.2025 Present: Mr. Saurav Rattan, Advocate, for the appellant.
Mr. Sunny Modgil, Advocate, for respondent No.1, through video conferencing.
None for respondents No.2 and 3.
CMP No.9351 of 2024 Rejoinder is stated to have been filed today in the Registry. If in order, the same be placed on record. RSA No.16 of 2024
Learned counsel for the appellant submits that the contending parties, in the case at hand, are the real brothers. He submits that the matter can be settled amicably through mediation.
Learned counsel for the respondent submits that he needs to have instructions in the matter. As prayed, list after two weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Vinod Kumar vs. State of HP and others RFA No.7 of 2024 18.03.2025 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate, for the appellant.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondents/State.
CMP No.2560 of 2024 Learned Additional Advocate General submits that reply to the application shall be filed during the course of the day.
Rejoinder thereto, if any, be filed within four weeks. List after four weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Mamta Sharma vs. Akshay Sharma
CMPMO No.690 of 2023
18.03.2025 Present: Mr. Akshay Katoch, Advocate, for the petitioner.
Mr. Ashish Verma, Advocate, for the respondent. At the request of learned counsel for the petitioner, in order to enable him to have instructions, in terms of order dated 04.01.2025, list the matter after four weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Surender Kumar Garg vs. Sanjiv Kumar Saini and others CMPMO No.663 of 2023 18.03.2025 Present: Mr. Suneet Goel, Senior Advocate with Mr. Vishvas Kaushal, Advocate, for the petitioner. Mr. Ashok Kumar Tyagi, Advocate, for respondent No.1. List along-with CMPMO No.662 of 2023, on 26.03.2025.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Sukh Ram and others vs. Budhi Ram (deceased) through LRs.
RSA No.246 of 2023 18.03.2025 Present: Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for the appellants/applicants. Mr. Yuyutsu Singh Thakur, Advocate, for the respondents. CMP No.16375 of 2023 Time for filing reply to the present application is being sought since 22.07.2024. However, till date reply has not been filed.
By way of indulgence, further time is given to the respondents to do the needful. It is made clear that if no reply is filed on or before the next date of hearing, then the right to file the same shall stand closed without further reference to this Court.
List on 24.04.2025.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Rup Lal vs. Dillan Devi and others
RSA No.113 of 2023
18.03.2025 Present: Ms. Shwetima Dogra, Advocate, vice Mr. Vinod Kumar
Gupta, Advocate, for the appellant.
Mr. K.D. Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for the respondents.
At the request of learned vice counsel appearing on behalf of the appellant, list for consideration after four weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Himachal Pradesh Power Corporation Ltd. vs. M/s Hindustan Construction Company Limited Arbitration Case No.788 of 2024 18.03.2025 Present: Mr. Ajay Kumar Sood, Senior Advocate with Mr. Chander Mohan, Advocate, for the petitioner.
Mr. Pawan Upadhyaya, Advocate, for the respondents, through video conferencing.
OMP No.153 of 2025 Reply be filed on or before the next date of hearing. List on 26.03.2025.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Jagat Ram (deceased) through LRs. vs. Mohan Singh and another CMPMO No.710 of 2024 18.03.2025 Present: Petitioner-Rajesh Thakur, present in person.
Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for respondent No.1.
List on 02.04.2025 along-with CMPMO No.63 of 2025 as ordered by a Co-ordinate Bench of this Court vide order dated 12.03.2025, passed in CMPMO No.63 of 2025.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
The State of HP and another vs. M/s Garg Sons Estate Promoters Pvt. Ltd.
Arbitration Case No.652 of 2024 18.03.2025 Present: Mr. Manish Thakur, Deputy Advocate General, for the petitioners/State.
Mr. Suneet Goel, Senior Advocate with Mr. Vishvas Kaushal, Advocate, for the respondent. OMP No.399 of 2025 Learned counsel for the petitioner to justify the maintainability of the present application before this Court.
List after four weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Swati Verma vs. Gaurav Rana
CMPMO No.525 of 2024
18.03.2025 Present: Mr. Mridul Thakur, Advocate, for the petitioner.
Time for taking steps for the service of sole respondent is being taken since 30.09.2024.
Let the needful be done within three days. On taking such steps, issue notice to the respondent, returnable within four weeks. It is made clear that if steps are not taken within the aforesaid period, present petition shall automatically stand dismissed for non prosecution without further reference to this Court.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Richa Sipahiya/Katoch vs. Rahul Katoch CMPMO No.522 of 2024 18.03.2025 Present: Mr. Anuj Gupta, Advocate, for the petitioner.
Mr. Neeraj Kumar Shashwat, Advocate, for the respondent.
CMP No.1500 of 2025 In pursuance to order dated 10.01.2025, compliance affidavit has been filed and placed on record. The explanation offered therein is accepted.
In view of the aforesaid and the fact that the main matter has now been fixed for consideration on 24.03.2025, present application stands disposed of.
CMPMO No.522 of 2024
The grievance of the present petitioner, in the case at hand, is with respect to the non payment of arrears of maintenance in terms of judgment dated 09.10.2023, passed by the Division Bench of this Court, in FAO(FC) No.19 of 2023. According to learned counsel for the respondent entire arrears in terms thereof stands paid.
Learned counsel for the petitioner seeks time to have instructions qua receipt of the arrears. List the matter on 24.03.2025.
Learned counsel for the petitioner submits that if the petitioner receives the entire amount of arrears, then she shall not press the the present petition.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Himanshu Gupta vs. Smt. Nirmla Malhotra and others CMPMO No.490 of 2024 18.03.2025 Present: Mr. Tejasvi Verma, Advocate, vice Mr. N.K. Bhalla, Advocate, for the petitioner, who is stated to have expired. Petitioner is stated to have died. Learned vice counsel seeks time to take steps for bringing on record the legal heirs of deceased petitioner.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Shahin vs. Shabina Anjum a/w connected matter CMPMO No.261 of 2024 a/w CMPMO Nos.262 & 263 of 2024 18.03.2025 Present: Mr. B.N. Misra, Senior Advocate with Ms. Aditi Rana, Advocate, for the petitioner in CMPMO No.261 of 2024 and for the respondent in CMPMO Nos.262 & 263 of 2024. Mr. Prashant Sharma and Mr. Hitender Verma, Advocates, for the petitioner in CMPMO Nos.262 & 263 of 2024 and for the respondent in CMPMO No.261 of 2024. Further time prayed on behalf of the parties to file their respective affidavit(s) of assets and liabilities, as on date. Let the needful be done within four weeks. Learned counsel for the petitioner submits that he would be depositing the balance amount of maintenance arrears in the Registry of this Court during the course of the day.
List after four weeks.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
National Highway Authority of India vs. Ram Chand and another OMP(M) No.150 of 2024 18.03.2025 Present: Ms. Shreya Chauhan, Advocate, for the applicant-
appellant.
Mr. Yuyutsu Thakur, Advocate, for respondent No.1. Respondent No.2 is stated to have expired. OMP(M) No.29 & 30 of 2025 On taking steps within three days, issue notice to the legal heirs of deceased respondent No.2, returnable within four weeks. Since son of deceased respondent No.2 is already on record as respondent No.1, therefore, notice be issued only to her daughter, i.e., Smt. Kamla Devi, as per details given in Paragraph-3 of the application (OMP(M) No.29 of 2025).
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Jagdev Singh (deceased) through LRs. and others vs. Gian Chandson CMP(M) No.144 of 2024 18.03.2025 Present: Mr. Rohit Chauhan, Advocate, vice Mr. Arun Sehgal, Advocate, for the applicants-appellants. Mr. Atharv Sharma, Advocate, for the respondent. Further time prayed for filing rejoinder. Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
National Highway Authority of India vs. Banshi Ram OMP(M) No.108 of 2024 18.03.2025 Present: Ms. Shreya Chauhan, Advocate, for the applicant-
appellant.
The appeal in the case at hand has abated as the legal heirs of deceased respondent have not been brought on record within the prescribed period of limitation. Ordered accordingly.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
National Highway Authority of India vs. Banshi Ram OMP(M) No.108 of 2024 18.03.2025 Present: Ms. Shreya Chauhan, Advocate, for the applicant-
appellant.
The appeal in the case at hand has abated as the legal heirs of deceased respondent have not been brought on record within the prescribed period of limitation. Ordered accordingly.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
M/s Thakur Enterprise Stone Crusher vs. Subhash Singh and others Civil Suit No.63 of 2024 18.03.2025 Present: Mr. Abhishek Verma, Advocate, for the plaintiff.
Mr. Jai Ram Sharma, Advocate, for defendants No.1 to 8 and 10 to 12.
Defendant No.9 is stated to have expired. Civil Suit No.63/2024 & OMP No.787 of 2024 Defendants No.1 to 8 and 10 to 12 were served way back on 30.09.2024. Ever since then, time to file written statement/ reply is being sought. Even today, written statement/reply has not been filed. Further time is being sought. By way of indulgence, one last opportunity is granted to file written statement/reply.
Let the needful be done on or before the next date of hearing. List on 07.04.2025. It is made clear that if written statement/reply is not filed on or before the next date of hearing, then the right to file the same shall stand closed without further reference to this Court.
Consequential steps for bringing on record the legal heirs of deceased defendant No.9 be taken on or before the next date of hearing.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
SJVNL vs. Gunni Ram (deceased) through LRs. And others RSA No.4 of 2024 a/w CO No.12 of 2024 18.03.2025 Present: Ms Shradha Karol, Advocate, through video conferencing, for the appellant/non cross-objector. Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh, Advocate, for respondents No.1 & 2/cross- objectors.
Mr. Naresh K. Sharma, Advocate, for respondent No.3/non cross-objector.
Learned counsel appearing on behalf of the appellant submits that interest on the decretal amount, as ordered vide order dated 09.01.2025, shall be deposited with the Registry of this Court during the course of the day itself.
List after four weeks. Interim order to continue.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Sanjeev Gupta vs. Pawan Sahni and others Civil Revision No.23 of 2016 18.03.2025 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate, for the petitioner.
Mr. K.D. Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for the respondents.
Pleadings are complete.
At the request of learned counsel for the petitioner, list on 08.04.2025.
( Bipin C. Negi )
March 18, 2025 (KS) Judge
Manju Devi vs. Sunil Kumar
CMPMO No.741 of 2024
17.03.2025 Present: Mr. H.S. Rangra, Advocate, for the petitioner.
Mr. Vijay Mokhta, Advocate, vice Mr. Vijay Chaudhary, Advocate, for the respondet.
List for consideration after four weeks.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Bhagu Devi @ Anita Verma vs. Vinod Gazta Cr. Revision No.486 of 2024 17.03.2025 Present: Mr. Jagat Pal, Advocate, for the petitioner.
Mr. Suneet Goel, Senior Advocate with Mr. Vivek Negi, Advocate, for the respondent.
Cr.MP No.760 of 2025 The applicant-petitioner has preferred the present petition against the judgment of conviction dated 24.01.2024 and order of sentence dated 29.01.2024, passed by learned Chief Judicial Magistrate, Shimla, in complaint No.1559 of 2019, titled Vinod Gazta vs. Bhagu Devi, affirmed by learned Sessions Judge, Shimla, District Shimla, Himachal Pradesh, in Cr. Appeal No.19- S/10 of 2024, titled as Bhagu Devi vs. Vinod Gazta, decided on 16.05.2024. The judgment of the trial Court and the 1 st Appellate Court was confirmed by this Court on 02.01.2025.
The present application has been filed for compounding of the offence, in the case at hand, as the present applicant has brought a Demand Draft for the balance compensation amount to be paid to the complainant/non-applicant. The Demand Draft so prepared has been handed over to the counsel for the complainant/non-applicant.
Learned counsel appearing on behalf of the non-applicant does not intend to file reply to the application. He has no objections, if in case, the present application is allowed, subject to litigation costs. As per the learned counsel appearing on behalf of the applicant, out of total compensation amount, Rs.3,00,000- (Rupees Three Lacs) stands deposited before the learned trial Court. The same already stands paid to the complainant.
The question with respect to maintainability of a petition filed under Section 147 of N.I. Act post recording of conviction and sentence being upheld by this Court in a revision came up for consideration before this Court in Cr.MP No. 508 of 2023 in Cr. Revision No. 332 of 2021, titled Naresh Kumar vs. Trilok Chand, decided on 01.03.2023, wherein it was held that this Court can proceed to compound offence punishable under Section 138 of N.I.Act even after upholding the judgment of conviction and order of sentence recorded by the learned trial Court.
Consequently in view of aforesaid, this Court finds no impediment in accepting the prayer made on behalf of the applicant-petitioner through instant petition for compounding of the offence and the same is allowed. Order dated 02.01.2025 passed in Cr. Revision No. 486 of 2024 is recalled. Matter is ordered to be compounded inter se parties. Impugned judgments of conviction and order of sentence passed by both the learned Courts below are quashed and set aside. Accused is acquitted of the offence punishable under Section 138 of the N.I. Act.
In terms of judgment passed by the Hon'ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663, the applicant petitioner shall pay compounding fee i.e. 15 % of the cheque amount as costs. The same shall be paid to the H.P. State Legal Services Authority, Kasumpati, Shimla, H.P. within two months from today. It is made clear that the setting aside of the conviction and order of sentence in the case at hand is subject to applicant-petitioner depositing before H.P. State Legal Services Authority 15 % of the cheque amount as costs.
The application stands disposed of in the aforesaid terms.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
The State of HP vs. Saruchi and others CMPMO No.721 of 2024 17.03.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the petitioner/State.
Respondent No.1 is proceeded against ex parte vide order dated 10.01.2025.
At the request of learned Additional Advocate General, in order to enable him to prepare the case, list the matter for consideration after two weeks.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Ajay Pal Singh vs. Mala Guleria
CMPMO No.706 of 2024
17.03.2025 Present: Mr. Kunal Thakur, Advocate, for the petitioner.
Mr. Kiran Kumar, Advocate, vice Mr. Nand Lal Thakur, Advocate, for the respondent.
Learned vice counsel appearing on behalf of the respondent submits that the arguing counsel is unavailable today on account of bereavement in his family. He seeks an adjournment.
As prayed, list the matter after four weeks.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Mansha Ram (deceased) through LRs. vs. Ram Lok (deceased) through LRs. and others CMPMO No.499 of 2015 with CMPMO Nos.500 & 501 of 2015 with 17.03.2025 Present: Mr. Ishan Sharma, Advocate, for the petitioners.
None for the respondents.
Learned counsel for the petitioners submits that an appropriate application for bringing on record the legal heirs of deceased respondent No.2(b) stands filed in the Registry of this Court. Other than the aforesaid, he further submits that an appropriate application for deletion of the name of deceased respondent No.1(c) has also been filed in the Registry of this Court. However, the applications so filed are not on record.
Registry to trace the applications and place them on record well before the next date of hearing, post removal of objection(s), if any.
List on 24.03.2025.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Bansi Ram and others vs. Naina and others RFA No.15 of 2025 17.03.2025 Present: Mr. Vinod Kumar Soni, Advocate, vice Mr. George, Advocate, for the appellants.
On taking steps within three days, issue notice to the respondents, returnable within four weeks. No notices are being issued to the proforma respondents, as their interests are stated to be the same as that of the appellants.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
The State of HP and another vs. Sawrup Singh CMP No.3804 of 2025 in RFA No.351 of 2011 17.03.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the non-applicants/appellants/State. Mr. R.K. Sharma, Senior Advocate with Ms. Anita, Advocate, for the applicant/respondent. CMP No.3804 of 2025 The appeal, in the case at hand, stands disposed of. The amount, in the case at hand, is lying deposited with the Reference Court. In view thereof, the present application is misconceived. Hence, the same is dismissed.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
State of HP and others vs. Kanhaiya Lal and others CMP No.854 of 2025 in RFA No.374 of 2010 17.03.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the non-applicants/appellants/State. Ms. Anubhuti Sharma, Advocate, for the applicants/ respondents.
CMP No.854 of 2025 Learned counsel for the applicants submits that an appropriate application for bringing on record the legal heirs of deceased respondent No.3 is stated to have been filed in the Registry of this Court. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List after two weeks.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Rajesh Kumar @ Girijesh Kumar vs. Yogesh Kumar and another Cr. Revision No.9 of 2025 17.03.2025 Present: Mr. Sumit Raj Sharma, Advocate, for the petitioner.
None for respondent No.1.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.796 of 2025 For the reasons stated in the application, the same is allowed. Time for complying with order dated 06.01.2025 is extended by two weeks from today, i.e., 17.03.2025.
The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Prem Lata vs. Bimla Devi
Cr. Revision No.159 of 2024
17.03.2025 Present: Ms. Manjeet Kaur, Advocate, vice Mr. Naveen K.
Bhardwaj, Advocate, for the petitioner. Mr. Rajesh Mandhotra, Advocate, for the respondent. Cr.MP No.795 of 2025 For the reasons stated in the application, the same is allowed. Time for depositing 15% of the cheque amount as costs before the Himachal Pradesh State Legal Services Authority, Shimla, in terms of judgment dated 05.11.2024, passed in Criminal Revision No.159 of 2024, is extended by four weeks from today, i.e., 17.03.2025.
The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Naresh Kumar vs. Gusain Ram and another Cr. Revision No.423 of 2024 17.03.2025 Present: Mr. Subhash Chander, Advocate, for the petitioner.
Mr. Bodh Raj Thakur, Advocate, for respondent No.1. Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.794 of 2025 For the reasons stated in the application, the same is allowed. Time for depositing 5% of the cheque amount as costs before the Himachal Pradesh State Legal Services Authority, Shimla, in terms of judgment dated 08.01.2025, passed in Criminal Revision No.423 of 2024, is extended by four weeks from today, i.e., 17.03.2025.
The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Surinder Singh Verma & anr. vs. Himachal Gramin Bank Cr. Revision No.6 of 2025 17.03.2025 Present: Mr. Kunal Thakur, Advocate, for the petitioners.
Ms. Rekha Bansal, Advocate, vice Mr. K.B. Khajuria, Advocate, for the respondent.
Cr.MP No.781 of 2025 For the reasons stated in the application, the same is allowed. Time for complying with order dated 03.01.2025 is extended by four weeks from today, i.e., 17.03.2025.
The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Sant Ram vs. Rajesh Kumar
Cr. Revision No.56 of 2025
17.03.2025 Present: Mr. Jagat Pal, Advocate, for the petitioner. Cr.MP No.780 of 2025
For the reasons stated in the application, the same is allowed. Time for complying with order dated 20.01.2025 is extended by four weeks from today, i.e., 17.03.2025.
The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Kishori Lal vs. Ramesh Kumar and another Cr. Revision No.22 of 2025 17.03.2025 Present: Mr. Lokesh Thakur, Advocate, vice Mr. G.R. Palsra Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.779 of 2025 For the reasons stated in the application, the same is allowed. Time for complying with order dated 09.01.2025 is extended by two weeks from today, i.e., 17.03.2025.
In order dated 09.01.2025, in place of "learned Sessions Judge, Kangra at Dharamshala, District Kangra", it should be read as "learned Sessions Judge, Mandi, District Mandi".
Registry to carry out necessary corrections accordingly. The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Naresh Kumar vs. State of HP
Cr.MP(M) No.353 of 2025
17.03.2025 Present: Mr. N.S. Chandel, Senior Advocate with Mr. Vinod Kumar Gupta, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
ASI Jaswinder Singh, Police Station, Nalagarh, District Solan, is present in person.
Notice of the present petition was given to the complainant through the concerned Police. A copy of the notice so sent has been placed on record duly accepted by the complainant.
In the aforesaid circumstance and in the interest of justice, list the matter on 24.03.2025. Let the complainant be again informed about the next date of hearing.
( Bipin C. Negi ) March 17, 2025 (KS) Judge Prem Chand vs. UCO Bank Cr.MP No.704 of 2025 in Cr. Revision No.230 of 2023 17.03.2025 Present: Mr. Servedaman Rathore, Advocate, for the petitioner/ applicant.
None for the respondent.
Inadvertent typographical error has crept in the judgment dated 10.01.2025, insofar as details qua the Criminal Revision petition number is concerned. The judgment shows that it has been passed in Criminal Revision No.230 of 2024, whereas, it has been passed in Criminal Revision No.230 of 2023.
The said inadvertent typographical error is ordered to be rectified. Time for depositing 5% of the cheque amount, in terms of judgment dated 10.01.2025, passed in Criminal Revision No.230 of 2023, is extended by two weeks from today, i.e., 17.03.2025.
The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Surinder Paul (since deceased) through LRs and others vs. Tilak Raj and others CMP(M) No.295 of 2025 17.03.2025 Present: Mr. Atharv Sharma, Advocate, for the applicants-
appellants.
On taking steps within three days, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
The State of H.P. and others vs. Pritma Devi and others CMP(M) No.265 of 2025 17.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the applicants-appellants/State.
On taking steps within three days, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
State of H.P. vs. Labhu
CMP(M) No.253 of 2025
17.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the applicant-appellant/State.
On taking steps within three days, issue notice to the respondent, returnable within four weeks.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
State of H.P. and others vs. Tej Singh and another CMP(M) No.170 of 2025 17.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the applicants-appellants/State.
On taking steps within three days, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
State of H.P. and another vs. Balak Ram RFA No.242 of 2019 17.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the appellants/State.
Mr. Ramesh Chand Sharma, Advocate, for the respondent.
CMP No.132 of 2025 For the reasons stated in the application, early hearing of the appeal is allowed. The application stands disposed of. RFA No.242 of 2019
List for hearing in the second week of July, 2025.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Collector, Land Acquisition vs. Bhadar @ Bhadru & Others RFA No.88 of 2017 17.03.2025 Present: Ms. Shreya Chauhan, Advocate, for the appellant.
Ms. Manjeet Kaur, Advocate, vice Mr. Naveen K. Bhardwaj, Advocate, for respondents No.1 to 4/applicants. Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.5/State.
CMP No.121 of 2025 No reply is intended to be filed on behalf of the non- applicant.
Heard counsel for the parties. Perused the pleadings. For the reasons stated in the application, the same is allowed. 50% of the enhanced amount of compensation along with proportionate interest lying deposited in the Registry of this Court is ordered to be released to the applicants in terms of shares detailed in Paragraph-3 of the application. The amount be remitted to the bank accounts, details whereof, have been given in the same paragraph of the application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
State of HP and others vs. Rattan Singh RSA No.30 of 2025 17.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the appellants-State.
Learned Additional Advocate General submits that similar matters are posted for 10.04.2025, therefore, prays for listing of the same on the said date. Prayer allowed.
List on 10.04.2025.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Rajinder Singh and others vs. Mohinder Kumar Civil Suit No.14 of 2025 17.03.2025 Present: Mr. Peeyush Verma, Senior Advocate with Mr. Ajay Kumar, Advocate, for the plaintiffs.
Civil Suit No.14 of 2025 & OMP No.100 of 2025 On taking steps within three days, issue notice to the sole respondent, returnable for 23.04.2025. OMP No.101 of 2025
Allowed and the applicants are exempted from filing English translation of the vernacular documents, in question, annexed with the accompanying plaint, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Durga Dass vs. State of Himachal Pradesh and others CMP(M) No.14 of 2025 17.03.2025 Present: Mr. Hemant Kumar Thakur, Advocate, for the applicant/ appellant.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Tarun K. Sharma, Advocate, for respondents No.2 & 3. Reply be filed within four weeks. List thereafter.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Deepan Kumar Hastir and another vs. Sampat Kumar and others CMP(M) No.2018 of 2024 17.03.2025 Present: None for the petitioners.
List on 08.04.2025.
( Bipin C. Negi )
March 17, 2025 (KS) Judge
Banarsi Dass (deceased) through LRs. vs. Bvaldev Singh (deceased) through LRs. and others Civil Revision No.67 of 2020 13.03.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the petitioners. Mr. K.D. Sood, Senior Advocate with Mr. Sanjeev Sood, Advocate, for respondents No.2() to 2(d). Respondents No.1(a) to 1(d) and 3(a) to 3(c) proceeded against ex parte vide order dated 22.09.2021. . Learned counsel for the petitioners has placed reliance upon the decisions of this Court in Milkhi Ram and others vs. Raghunandan and others, 1982 Sim L.C. 191 and CMPMO No.341 of 2014, decided on 22.04.2021.
Per contra, learned counsel for the respondents has placed reliance upon the decision of this Court in RSA No.537 of 2008, decided on 07.09.2021.
Learned counsel for the parties intend to go through the same.
List for consideration on 23.04.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Banarsi Dass (deceased) through LRs. vs. Bvaldev Singh (deceased) through LRs. and others Civil Revision No.67 of 2020 13.03.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the petitioners. Mr. K.D. Sood, Senior Advocate with Mr. Sanjeev Sood, Advocate, for respondents No.2() to 2(d). Respondents No.1(a) to 1(d) and 3(a) to 3(c) proceeded against ex parte vide order dated 22.09.2021. . Learned counsel for the petitioners has placed reliance upon the decisions of this Court in Milkhi Ram and others vs. Raghunandan and others, 1982 Sim L.C. 191 and CMPMO No.341 of 2014, decided on 22.04.2021.
Per contra, learned counsel for the respondents has placed reliance upon the decision of this Court in RSA No.537 of 2008, decided on 07.09.2021.
Learned counsel for the parties intend to go through the same.
List for consideration on 23.04.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Dr. Susheel Kumar Negi vs. Dr. Sudesh CMPMO No.628 of 2024 13.03.2025 Present: Mr. Nishant Khidtta, Advocate, for the petitioner.
Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate, for the respondent.
CMP No.3462 of 2025 Heard counsel for the parties. Perused the pleadings. Both the counsels agree that on the date of passing of order dated 10.01.2025, the total amount payable, as arrears of maintenance, is Rs.3,60,000/-. Out of the said amount of Rs.3,60,000/-, a sum of Rs.1,70,000/- stands paid by the petitioner, as a consequence whereof, the only amount payable till 10.01.2025, admittedly is Rs.1,90,000/- only. Learned counsel is permitted to deposit the aforesaid arrears by way of a bank draft amounting to Rs.1,90,000/- in pursuance to order dated 10.01.2025. Let the needful be done within one week.
The application stands disposed of.
CMPMO No.628 of 2024 List for consideration after four weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Ram Krishan (deceased) through LRs. And others vs. Ghambaru Devi (deceased) through LR.
RSA No.438 of 2007 13.03.2025 Present: Mr. K.D. Sood, Senior Advocate with Mr. Sanjeev Sood, Advocate, for the appellants.
Mr. Udit Shaurya Kaushik, Advocate, vice Mr. Nitin Thakur, Advocate, for respondent No.1(a).
At the pleasure of Hon'ble the Chief Justice, list before another appropriate Bench.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Bimla Devi vs. M/s Bitttam Garages
CMP No.8779 of 2023 in
RSA No.310 of 2008
13.03.2025 Present: Mr. K.D. Sood, Senior Advocate with Mr. Sanjeev Sood,
Advocate, for the applicant.
Mr. Bimal Gupta, Senior Advocate with Mr. Trigun Singh Negi, Advocate, for the respondent.
Rejoinder is stated to have been filed. However, the same is not on record.
Registry to trace the rejoinder and place it on record well before the next date of hearing, post removal of objection(s), if any.
List after four weeks. The matter be listed in the category of "Order".
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Anjan Mahajan vs. Binta Devi and others Civil Revision No.4 of 2025 13.03.2025 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate, for the petitioner.
At the request of learned counsel for the petitioner, list on 17.03.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Nand Chand (deceased) through his LR Som Raj vs. Ashish Kumar and others RSA No.216 of 2024 13.03.2025 Present: Mr. B.S. Chauhan, Senior advocate with Mr. Abhishek Thakur, Advocate, for the appellant.
Mr. Sahil Dixit, Advocate, vice Mr. Dheeraj K. Vashisht, Advocate, for respondents No.1 & 2.
None for respondent No.3.
Records of the Court below be called for. List after six weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Suresh Kumar (deceased) through LRs. vs. Kashmiro Devi RSA No.208 of 2024 13.03.2025 Present: Mr. Ashwani K. Sharma, Advocate, for the appellants.
Mr. Y.P. Sood, Advocate, for the respondent. At the joint request of learned counsel for the parties, list for consideration on 01.04.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
The State of Himachal Pradesh and others vs. Jindu Ram(deceased) through LRs. and others RSA No.103 of 2024 13.03.2025 Present: Mr. Gautam Sood, Deputy Advocate General, for the appellants/State.
Mr. Manish Kumar Gupta, Advocate, for the respondents, except respondent No.9.
Respondent No.9 proceeded against ex parte vide order dated 13.08.2024.
At the joint request of learned counsel for the parties, list on 10.04.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
State of Himachal Pradesh vs. Gian Chand RSA No.24 of 2025 13.03.2025 Present: Mr. Gautam Sood, Deputy Advocate General, for the appellant/State.
Mr. Suraj Kumar, Advocate, vice Mr. Tarun K. Sharma, Advocate, for the proposed LRs. No.1(a) to 1(c). At the request of learned vice counsel appearing on behalf of the proposed LRs.No.1(a) to 1(c), list the matter for admission after ten days.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Ruchi Maggo and another vs. Balraj Maggo and others CMPMO No.1 of 2025 13.03.2025 Present: Mr. Jeevesh Sharma, Advocate, for the petitioners.
Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the respondents. List for consideration after four weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
The Principal Secretary & anr. vs. Situ Devi RFA No.49 of 2022 13.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellants/State.
Mr. R.K. Sharma, Senior Advocate with Ms. Vidushi Sharma, Advocate, for respondents No.1(a)(i) to 1(a)(vi) and 1(b).
CMP(M) No.397 of 2021 Since the appeal, in the case at hand, stands registered and admitted vide order dated 13.04.2022, therefore, the present application has become infructuous. The application stands disposed of.
RFA No.49 of 2022
Further time prayed by learned counsel appearing on behalf of respondents No.1(a)(i) to 1(a)(vi) and 1(b) for filing power of attorney on their behalf.
Let the needful be done within four weeks. List thereafter. In the meanwhile, amended memo of parties be also filed.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Jagdish and another vs. Suman and others RSA No.87 of 2020 13.03.2025 Present: Mr. Sahil Dixit, Advocate, vice Mr. Naresh K. Sharma, Advocate, for the appellants.
Mr. H.M. Thakur, vice Mr. Aman Parth Sharma, Advocate, for respondents No.1 & 2.
Mr. Paras Dhaulta, Advocate, for respondent No.6. None for respondents No.3, 4(i) to 4(iii), 5, 7 to 9, 11 to 14, 16, 18(ii), 18(v), 18(viii).
Name of respondent No.10 stands deleted vide order dated 14.08.2018.
As per report of the Registry, notice issued to respondent No.19 had been received back with the report that the said respondent has died. The same has been observed in order dated 12.12.2022. Till date, her legal heirs are not brought on record. Accordingly, appeal has abated insofar as respondent No.19 is concerned.
Insofar as respondents No.18(iii), 18(iv), and 18(vi) are concerned, time is being sought since 05.04.2021. Let the needful be done within two weeks. Otherwise, consequences on account of non prosecution would ensue.
List for consideration after two weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
State of Himachal Pradesh and others vs. Laxmi Ram and others RFA No.81 of 2020 13.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellants/State.
Mr. Ranvir Chauhan, Advocate, for respondents No.1, 2, 3(a) to 3(h), 4(a) to 4(d) and 5(a) Respondent No.5 is stated to have expired. Learned counsel appearing on behalf of respondents No.1, 2, 3(a) to 3(h), 4(a) to 4(d) and 5(a) submits that power of attorney on behalf of the said respondents stands filed in the Registry on 04.03.2025. Registry to trace the same and place it on record well before the next date of hearing.
List after four weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
M/s Jaiprakash Associates Limited vs. Sihanu Ram and others RFA No.59 of 2017 13.03.2025 Present: Mr. Sumit Sharma, Advocate, vice Mr. B.C. Verma, Advocate, for the appellant.
Mr. Nand Lal Chauhan, Advocate, for proposed LRs No.1(a) to 1(h).
Mr. B.N. Sharma, Additional Advocate General, for respondents No.2 & 3/State.
Mr. Anil Kumar God, Advocate, for the respondent/ Ulta Tech.
CMP(M) No.1887 of 2024 No reply is intended to be filed on behalf of legal heirs of deceased respondent No.1 who have been served and put in appearance through their counsel. Time is prayed on their behalf to file power of attorney.
Other than the aforesaid, the non-applicants/legal heirs have no objection if they are brought on record.
Respondent No.1 is stated to have died on 25.10.2022. The same is evident from the Death Certificate appended along with the present application as Annexure A-1. He is survived by his legal heirs, details whereof, have been given in Paragraph-4 of the application. It is submitted that there is no other legal heir insofar as respondent No.1 is concerned.
The right to sue inheres/survives with the aforesaid legal heirs of deceased respondent No.1, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application. delay in bringing on record the legal heirs of deceased respondent No.1, is condoned and abatement, if any, is set aside.
The application stands disposed of.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
G.M. Northern Railway vs. Pritam Kuma and others a/w connected matter RFA of 60 of 2014 a/w RFA No.116 of 2014 and Cross- Objections No.64 of 2014 and 03 of 2015.
13.03.2025 Present: Mr. Shiv Pal Manhans, Senior Panel Counsel, for the appellant.
Respondent No.1 is stated to have expired. Mr. Pawan Gautam, Advocate, for respondents No.2(a) & 2(b).
Mr. Gautam Sood, Deputy Advocate General, for respondent No.3-State.
CMP(M) Nos.1823 to 1825 & 1827 to 1829 of 2024 in RFA Nos.60 and 116 of 2014 Learned counsel for the appellant submits that steps for the service of proposed LRs No.1(a), 1(b), 2(c)(i) to 2(c)(iii) shall be taken within a week. On taking such steps, issue notice to the said respondents, returnable within four weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Sita Ram vs. Krishan Lal and others
RSA No.68 of 2013
13.03.2025 Present: Mr. Malay Kaushal, Advocate, for the appellant.
Mr. P.S. Chandel, Advocate, for proposed respondents No.1(a) to 1(f) and respondent No.2 to 4. CMP(M) Nos.254 and 255 of 2025 On taking steps within three days, issue notice to the legal heirs of deceased respondent No.5, details whereof, have been given in Paragraph-4 of the application (CMP(M) No.254 of 2025), returnable within four weeks.
CMP(M) Nos.1727 and 1728 of 2023 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the applications are allowed and they are brought on record as is being sought in the application (CMP(M) No.1727 of 2023).
Respondent No.1 is stated to have expired on 08.07.2015. The same is evident from the Death Certificate appended along with the application (CMP(M) No.1727 of 2023) as Annexure A-1. He is survived by his legal heirs, details whereof, have been given in Paragraph-4 of the application (CMP(M) No.1727 of 2023). The same is in consonance with the report of the Revenue Officer (Patwari) appended with the application (CMP(M) No.1727 of 2023).
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased respondent No.1, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) No.1728 of 2023), delay in bringing on record the legal heirs of deceased respondent No.1, is condoned and abatement, if any, is set aside.
The applications stand disposed of.
CMP(M) Nos.256 and 257 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the applications are allowed and they are brought on record as is being sought in the application (CMP(M) No.256 of 2025).
Respondent No.6 is stated to have expired on 08.12.2023. The same is evident from the Death Certificate appended along with the application (CMP(M) No.256 of 2025) as Annexure A-1. He is survived by his legal heirs, details whereof, have been given in Paragraph-4 of the application (CMP(M) No.256 of 2025). The same is in consonance with the report of the Revenue Officer (Patwari) appeded with the application (CMP(M) No.256 of 2025).
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased respondent No.6, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) No.257 of 2025), delay in bringing on record the legal heirs of deceased respondent No.6, is condoned and abatement, if any, is set aside.
The applications stand disposed of.
CMP(M) No.258 and 259 of 2025 No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the applications are allowed and they are brought on record as is being sought in the application (CMP(M) No.258 of 2025).
Respondent No.8 is stated to have expired on 29.10.2020. The same is evident from the Death Certificate appended along with the application (CMP(M) No.258 of 2025) as Annexure A-1. He is survived by his legal heirs, details whereof, have been given in Paragraph-4 of the application (CMP(M) No.258 of 2025). The same is in consonance with the report of the Revenue Officer (Patwari) appeded with the application (CMP(M) No.258 of 2025).
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased respondent No.8, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) No.259 of 2025), delay in bringing on record the legal heirs of deceased respondent No.8, is condoned and abatement, if any, is set aside.
The applications stand disposed of.
RSA No.68 of 2013 Amended memo of parties be filed within four weeks. List thereafter.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Shankar Dass and others vs. Dharam Chand (deceased) through LRs. and others RSA No.64 of 2011 13.03.2025 Present: Ms. Anchal Sharma, Advocate, for appellants No.1 to 5.
Appellant No.6 is stated to have expired. Ms Tim Saran, Advocate, for respondents No.1, 3, 4, 8 and 9(a) to 9(d).
None for remaining respondents.
Learned counsel appearing on behalf of appellants No.1 to 5 submits that power of attorney on behalf of the said appellants shall be filed on or before the next date of hearing Besides the aforesaid, learned counsel submits that steps for bringing on record the legal heirs of appellant No.6 would also be taken during the same time.
List after four weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Sant Ram vs. Prem Raj and others
RSA No.352 of 2010
13.03.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the appellant. Mr. Anirudh Sharma, Advocate, for respondents No.1 & 2. None for remaining respondents.
Learned counsel for the appellant submits that steps for effecting service of respondent No.5(a)(i) shall be taken during the course of the day. On taking such steps, issue notice to the said respondents, returnable within four weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Lila Devi vs. Sarla Devi
RSA No.244 of 2010
13.03.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki
Kashmiri, Advocate, for the appellant. Mr. Ramakant Sharma, Advocate, for the respondent. CMP No.1125 of 2025 For the reasons stated in the application, early hearing of the appeal is allowed. The application stands disposed of. RSA No.244 of 2010
List on 04.04.2025. In terms of order dated 27.05.2024, report of Local Commissioner along with reply and objections filed thereto, in terms of order dated 21.08.2023, shall be considered at the time of final hearing.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
BBMB and another vs. Ashwani Kumar and others RFA No.116 of 2010 13.03.2025 Present: Mr. Hemant Kumar Sharma, Advocate, for the appellants.
Mr. Amit Sharma, Advocate, for respondents No.1 to 6, 9, 11 to 18, 19(a) to 19(g), 20, 22(a) 27 and 28(a) to 28(c). No notice issued to respondent No.22(b) and 22(c) vide order dated 19.09.2024.
Ms. Vishali Lakhanpal, Advocate, vice Mr. Parv Sharma, Advocate, for respondents No.7 and respondents No.8(a), 8(f) and 8(g).
Mr. Shiv Pal Manhans, Senior Panel Counsel, for respondent No.29.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.30/State.
RFA No.116 of 2010 Time sought to take steps for the service of respondents No.8(c) to 8(e) by filing their correct address(es) and process fee. Let the needful be done within one week.
On taking such steps, issue notice to the said respondents, returnable within four weeks.
CMP(M) Nos.1382 & 1383 of 2024 No reply is intended to be filed on behalf of the non- applicant/legal heir. The non-applicant/legal heir of deceased respondent No.22, who has been served and has filed his power of attorney, has no objection, if in case he is ordered to be brought on record as is being sought in the application (CMP(M) Nos.1382 of 2024).
Respondent No.22 is stated to have expired on 23.12.2023. The same is evident from the Death Certificate appended along with the application (CMP(M) Nos.1382 of 2024) as Annexure-A (colly). He is survived by his legal heirs, details whereof, have been given in Annexure-A (colly). The same is in consonance with the details of the legal heirs given in Paragraph- 5 of the application (CMP(M) No.1382 of 2024).
By virtue of a Will, the entire property of the deceased respondent No.22 is bequeathed on his son, i.e., Naveen Jaswal
- proposed respondent No.22(a) and in furtherance thereof, a mutation also stands attested, therefore, the right to sue inheres/survives with the said legal heir of deceased respondent No.22. Accordingly, legal heir of deceased respondent No.22, i.e., Naveen Jaswal- proposed respondent No.22(a) is ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) Nos.1383 of 2024), delay in bringing on record the legal heir of deceased respondent No.22, is condoned and abatement, if any, is set aside.
The applications stand disposed of. Amended memo of parties appended with the applications is taken on record.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Duni Chand vs. Narpat (deceased) through LRs. and others RSA No.232 of 2009 13.03.2025 Present: Mr. R.K. Sharma, Senior Advocate with Ms. Anita, Advocate, fo the appellants.
Mr. S.D. Gill, Advocate, for respondents No.1(a) to 1(c) and 2(a) to 2(d).
Mr. Sumit Sharma, Advocate, vice Mr. B.C. Verma, Advocate, for respondents No.5 to 9, 10(a) to 10(i) and 11. None for respondents No.12(a).
Mr. S.D. Gill, Advocate, has put in appearance on behalf of respondents No.2(a) to 2(d), hence, they are not required to be served.
List for hearing in due course.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Bal Krishan vs. Satya Devi and others RSA No.207 of 2009 13.03.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the appellant. Mr. Arvind Sharma, Advocate, for respondents No.1, 3 and 4. Learned counsel appearing on behalf of respondents No.1, 3 and 4 submits that though on instructions he has put in appearance on behalf of respondents No.2(a) & 2(b), but till date the said respondents have not come forward to file appropriate power of attorney(s). In view thereof, respondents No.2(a) and 2(b) are proceeded against ex parte.
List for hearing in due course.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Brij Bala vs. Uttam Singh(deceased) through LRs. and others RSA No.159 of 2008 13.03.2025 Present: Mr. Ajay Chandel, Advocate, for the appellant.
Mr. Ramakant Sharma, Advocate, for respondents No.1(a) to 1(c), 2(a), 4(a), 6 to 10.
Respondents No.3 & 5 are stated to have expired. Learned counsel for the appellant submits that an appropriate application for bringing on record the legal heirs of deceased respondent No.5 has been filed in the Registry today itself.
Other than the aforesaid, learned counsel appearing on behalf of the appellant submits that insofar as respondent No.3 is concerned, he has also died and an appropriate application for deletion of his name has already been filed, as his legal heirs are already on record. The applications so filed are not on record.
Registry to trace the applications and place them on record well before the next date of hearing, post removal of objection(s), if any.
List after three weeks.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Land Acquisition Collector, HP PWD and another vs. Kalyan Singh and others RFA No.178 of 2007 13.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellants/State.
Ms. Shashi Kiran, Advocate, for proposed respondents No.1(a) to 1(e).
None for the remaining respondents.
CMP(M) No.959 of 2024 & CMP(M) No.960 of 2024 No reply is intended to be filed on behalf of the non- applicants/legal heirs. The non-applicants/legal heirs of deceased respondent No.1, who have been served and have filed their power of attorney, have no objection, if in case they are brought on record as is being sought in the application (CMP(M) No.959 of 2024).
Respondent No.1 is stated to have expired on 26.10.2023. The same is evident from the Death Certificate appended along with the application (CMP(M) No.959 of 2024) as Annexure A-2. He is survived by his legal heirs, details whereof, have been given in Annexure A-1. The same is in consonance with the details of the legal heirs given in Paragraph-5 of the application (CMP(M) No.959 of 2024).
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased respondent No.1, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application (CMP(M) No.960 of 2024), delay in bringing on record the legal heirs of deceased respondent No.1, is condoned and abatement, if any, is set aside. The applications stand disposed of.
Amended memo of parties appended with the applications is taken on record.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Gautam Kumar vs. State of Himachal Pradesh Cr.MP(M) No.512 of 2025 13.03.2025 Present: Mr. Harsh Sharol, Advocate, vice Mr. Manoj Pathak, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State and seeks time to file status report. Status report be filed on or before the next date of hearing.
List on 11.04.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Satvir Minhas vs. State of Himachal Pradesh Cr.MP(M) No.509 of 2025 13.03.2025 Present: Mr. Umesh Kanwar, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondents/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State and seeks time to file status report. Status report be filed on or before the next date of hearing.
List on 17.03.2025.
The petitioner-accused apprehends his arrest in a case registered against him vide FIR No.2 of 2025 dated 08.01.2025, under Sections 420, 468, 471, 120-B of the Indian Penal Code and Sections 13(1A) & (2) of the Prevention of Corruption Act, 2018 at Police Station, SV & ACB, Una, District Una, Himachal Pradesh.
In view of the averments in the application and also the submissions made by learned counsel, it is directed that in the event of arrest of the petitioner-accused in this case, he shall be released on bail subject to his furnishing personal bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the arresting Police Officer/Investigating Officer, subject to following conditions:-
(i) Petitioner, at the first instance, shall appear before the Investigating Officer, Police Station, SV & ACB, Una, District Una, H.P., on 15.03.2025 at 11.30 a.m;
(ii) Petitioner shall join the investigation of case as and when called for by the Investigating Officer in accordance with law;
(iii). Petitioner shall not hamper the investigation in any manner whatsoever;
(iv). Petitioner shall not contact the complainant(s), threaten or browbeat them or to use any pressure tactics in any manner whatsoever;
(v). Petitioner shall not leave India without prior permission of the Court;
(vii). Petitioner shall not make any inducement threat or promise, directly or indirectly, to the investigating officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
( Bipin C. Negi ) March 13, 2025 (KS) Judge Dharmender Singh vs. Devi Singh and others Civil Revision No.126 of 2022 13.03.2025 Present: Mr. Kiran Kumar, Advocate, for the petitioner.
Mr. Raju Ram Rahi, Advocate, for respondent No.1. Mr. Kulwant Singh Chauhan, Advocate, for respondents No.4 to 8.
Respondents No.2 & 3 proceeded against ex parte vide order dated 10.10.2022.
At the request of learned counsel for the petitioner, list for consideration on 22.03.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Dharam Pal vs. Shahnaz Begum
Civil Suit No.58 of 2022
13.03.2025 Present: Mr. Janesh Gupta, Advocate, for the plaintiff.
Mr. Ajay Sipahiya, Advocate, for the defendant. Learned counsel appearing on behalf of the defendant submits that against order dated 13.11.2024, passed in OMP No.395 of 2023 in the present Civil Suit, an appropriate appeal has been preferred before a Division Bench of this Court and the same is listed for consideration on 27.03.2025.
In view thereof, list the matter for consideration on 01.04.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
Attar Singh and another vs. Banka Devi and others RSA No.40 of 2025 13.03.2025 Present: Mr. Sushil Chauhan, Advocate, for the appellants.
Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondents No.1 and 2/caveators. Caveat Petition No.749 of 2024 Allowed and discharged.
RSA No.40 of 2025 Notice. Mr. Sumit Sharma, learned counsel, appears and waives service of notice on behalf of respondents No.1 and 2.
List for consideration on 18.03.2025.
( Bipin C. Negi )
March 13, 2025 (KS) Judge
HPSEBL Vs. Bala Ram & Ors.
CMP Nos.972, 973, 1421, 1422, 1423, 1424, 1425 and 1426 of 2025 in RFA No.248 of 2010 12.03.2025 Present: Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Advocate, fo the non-applicant/appellant. Mr. Ishan Sharma, Advocate, for the applicants/ respondent.
CMP No.972 of 2025 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants.
The appeal, in the case at hand, was decided on 30.10.2017. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon'ble Apex Court.
The applicants are the legal heirs of deceased respondent No.3. They are entitled to 1/3rd share of the deceased respondent No.3.
Besides the aforesaid 1/3rd share, they are entitled to half share of respondent No.1, as ordered vide order dated 20.09.2017. The aforesaid share has to be distributed equally amongst the legal heirs 3(a) to 3(f).
In view of the aforesaid, for the reasons stated in the application, the same is allowed. The amount deposited in the Registry of this Court along-with proportionate interest accrued thereupon is ordered to be released in favour of the applicants in terms of their share(s), detailed in Paragraph-2 of the application and as has been discussed herein above. The amount be remitted to the bank accounts, details whereof, have been given in relief clause of the present application, subject to proper verification. The application stands disposed of. CMP No.973 of 2025
For the reasons stated in the application, the same is allowed. The applicants are exempted from filing the translated copies of the documents in question.
The application stands disposed of.
CMP No.1421 of 2025 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has not objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants.
The appeal, in the case at hand, was decided on 30.10.2017. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon'ble Apex Court.
The present applicant, i.e., Smt. Bimla Devi is the legal heir of deceased respondent No.2. Deceased respondent No.2, i.e., Rattan Chand was entitled to 1/ 3 rd share of the total compensation amount awarded in the case at hand.
The aforesaid amount, by virtue of Will which has been placed on record was to be apportioned between the present applicant and Hira Singh, the other legal heir. As a consquence, the present applicant is entitled to 1/ 6 th share of the amount payable to deceased Rattan Chand. The amount lying deposited in the Registry of this Court, due and payable to deceased Rattan Chand along-with proportionate interest accrued thereupon be released in favour of the present applicant, in terms of share as has been detailed (supra). The amount be remitted to the bank account, details whereof, have been given in relief clause of the present application, subject to proper verification. The application stands disposed of.
CMP No.1422 of 2025
For the reasons stated in the application, the same is allowed. The applicant is exempted from filing the translated copies of the documents in question.
The application stands disposed of.
CMP No.1426 of 2025 For the reasons stated in the application, the same is allowed. The delay in re-filing the application for release is condoned. The application stands disposed of. CMP No.1424 of 2025
No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection if in case the amount lying deposited in this Registry of this Court along-with proportionate interest accrued thereupon, is released in favour of the applicants.
The appeal, in the case at hand, was decided on 30.10.2017. It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision are pending before the Hon'ble Apex Court.
The present applicant, i.e., Hira Singh is the legal heir of deceased respondent No.2. Deceased respondent No.2, i.e., Rattan Chand was entitled to 1/ 3 rd share of the total compensation amount awarded in the case at hand.
The aforesaid amount, by virtue of Will which has been placed on record was to be apportioned between the present applicant and Bimla Devi, the other legal heir. As a consquence, the present applicant is entitled to 1/ 6 th share of the amount payable to deceased Rattan Chand. The amount lying deposited in the Registry of this Court, due and payable to deceased Rattan Chand along-with proportionate interest accrued thereupon be released in favour of the present applicant, in terms of share as has been detailed (supra). The amount be remitted to the bank account, details whereof, have been given in relief clause of the present application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Prem Singh @ Durga Dass Vs. Chaman Lal RSA No.38 of 2025 12.03.2025 Present: Mr. H.S. Rangra, Advocate, for the appellant.
On taking steps within three days, issue notice to the sole respondent on substantial questions of law framed at page No.7, wrongly numbered as 4 and 5 instead of 3 and 4, returnable within four weeks.
CMP No.3775 of 2025
Notice in the aforesaid terms.
In the meanwhile, operation and execution of judgment and decree dated 06.11.2024 passed by Addl. District Judge, Sarkaghat, District Mandi, HP in Civil Appeal No.11 of 2022, titled Prem Singh @ Durga Dass Vs. Chaman Lal shall remain stayed.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Prem Singh @ Durga Dass Vs. Chaman Lal RSA No.38 of 2025 12.03.2025 Present: Mr. H.S. Rangra, Advocate, for the appellant.
On taking steps within three days, issue notice to the sole respondent on substantial questions of law framed at page No.7, wrongly numbered as 4 and 5 instead of 3 and 4, returnable within four weeks.
CMP No.3775 of 2025
Notice in the aforesaid terms.
In the meanwhile, operation and execution of judgment and decree dated 06.11.2024 passed by Addl. District Judge, Sarkaghat, District Mandi, HP in Civil Appeal No.11 of 2022, titled Prem Singh @ Durga Dass Vs. Chaman Lal shall remain stayed.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Pawan Vs. Indu Bansal & Ors.
CMPMO No.622 of 2024
12.03.2025 Present: Mr. V.S. Chauhan, Sr. Advocate with Mr. Arsh Chauhan, Advocate, for the petitioner.
Mr. Ankit Dhiman, Advocate, for the respondents. List on 09.04.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Paras Ram Vs. Prem Chand & Anr.
RSA No.199 of 2023
12.03.2025 Present: Mr. Dinesh Kumar Sharma, Advocate, for the appellant.
Mr. Imran Khan, Advocate, for respondent No.1. Mr. Ashok Kumar Sharma, Advocate, for respondent No.2. At the request of learned counsel for the appellant, list after four weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Sumeer Nath Vs. Pran Nath Bahl
Civil Revision No.64 of 2023
12.03.2025 Present: Mr. Suneet Goel, Sr. Advocate with Mr. Vishwash Kaushal,
Advocate, for the appellant.
Ms. Drishti Sirswal, Advocate, for the respondent. Record received.
Learned counsel for the parties intend to go through the same.
List after four weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Narinder Kumar Vs. Jatinder Kumar
RSA No.288 of 2022
12.03.2025 Present: Mr. Jeet Ram Poswal, Advocate, for the appellant.
Ms. Rinki Kashmiri, Advocate, for the respondent. Further time prayed by learned counsel for the appellant to go through the record. List after four weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Satish Kumar vs. Sub Divisional Officer and others CMPMO No.231 of 2021 12.03.2025 Present: Mr. Romesh Verma, Senior Advocate with Mr. Tarun Sharma, Advocate, for the petitioner.
Mr. Gautam Sood, Deputy Advocate General, for respondent No.1-State.
Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for respondents No.3 to 5 & 7 to 12. Learned counsel for the petitioner contends that the Gram Panchayat has no jurisdiction to enter into the controversy in the case at hand.
In view of the aforesaid, learned counsel for the respondents seek time to prepare the case.
List after four weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
The Principal Secretary and others vs. Kanshi Ram (deceased) through LRs.
RSA No.112 of 2024 12.03.2025 Present: Mr. Gautam Sood, Deputy Advocate General, for the appellants/State.
Mr. Malay Kaushal, Advocate, for the respondents. Record stands received. Learned counsel for the parties intend to go through the same. As prayed, list on 10.04.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Sudesh Sood and another vs. Abhishek Vashisht and another CMPMO No.111 of 2024 12.03.2025 Present: Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate, for the petitioners. Mr. Pranjal Munjal, Advocate, vice Ms. Jyotika Gupta, Advocate, for the respondents.
As jointly prayed, list on 25.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
State of H.P. and another vs. Piar Singh and another RSA No.88 of 2024 12.03.2025 Present: Mr. Manish Thakur, Deputy Advocate General, for the appellants/State.
Mr. Vinod K. Gupta, Advocate, for respondent No.1. Mr. Shiv Pal Manhans, Senior Panel Counsel, for respondent No.2.
Record stands received. Learned counsel for the parties intend to go through the same. List for consideration on 10.04.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Mangal Singh and others vs. Onkar Dei and others RSA No.85 of 2024 12.03.2025 Present: Ms. Bhawana, Advocate, vice Mr. Naresh Kumar Verma, Advocate, for the petitioners.
Ms. Vandana Kumari, Advocate, vice Mr. Sanjay Jaswal, Advocate, for respondent No.1.
None for respondents No.2 and 3 though served. Fresh steps for the service of respondents No.4 & 5, by way of filing correct address, be taken within three days. On taking such steps, issue notice to the said respondents, returnable within four weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Chander Shekhar Banta vs. Padam Dass and others CMPMO No.27 of 2024 12.03.2025 Present: Mr. Sumit Sood, Advocate, for the petitioner.
Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the respondents.
As jointly prayed, list on 22.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Ram Parkash and others vs. Rajinder Kumar and others RSA No.503 of 2000 12.03.2025 Present: Mr. Bimal Gupta, Senior Advocate with Mr. Trigun Singh Negi, Advocate, for the appellants.
Mr. K.D. Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for respondents No.1(a), 1(b), 2(a) to 2(d), 3, 4 and 14(a) to 14(f).
At the request of learned counsel for the appellants, list on 24.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Land Acquisition Collector and another vs. Ram Swaroop and others CMP No.381 of 2025 in RFA No.364 of 2004 12.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the appellants/State.
Mr. Vijay Sharma, Advocate, for the respondents/ applicants.
Learned counsel appearing on behalf of the applicants, who has filed the present application seeks time to ascertain as to whether his power of attorney exists on record.
List on 09.04.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Vanita Dhanotia vs. State of HP and another Execution Petition No.75 of 2025 12.03.2025 Present: Mr. Arsh Dhanotia, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.1/State.
Mr. Tek Ram Sharma, Advocate, for respondent No.2. Notice. Mr. Raj Kumar Negi, learned Additional Advocate General and Mr. Tek Ram Sharma, learned counsel, appear and waive service of notice on behalf of respondent No.1 and respondent No.2, respectively and seek time to file objections/ instructions.
Objections/instructions be filed on or before the next date of hearing. List on 01.04.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Bhawan Parkash Gaur vs. State of HP and another Execution Petition No.70 of 2025 12.03.2025 Present: Mr. Aditya Chouhan, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.1/State.
Mr. Tek Ram Sharma, Advocate, for respondent No.2. Notice. Mr. Raj Kumar Negi, learned Additional Advocate General and Mr. Tek Ram Sharma, learned counsel, appear and waive service of notice on behalf of respondent No.1 and respondent No.2, respectively and seek time to file objections/ instructions.
Objections/instructions be filed on or before the next date of hearing. List on 01.04.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Dr. Hari Krishan Thakur vs. State of HP and another Execution Petition No.69 of 2025 12.03.2025 Present: Mr. Aditya Chouhan, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.1/State.
Mr. Tek Ram Sharma, Advocate, for respondent No.2. Notice. Mr. Raj Kumar Negi, learned Additional Advocate General and Mr. Tek Ram Sharma, learned counsel, appear and waive service of notice on behalf of respondent No.1 and respondent No.2, respectively and seek time to file objections/ instructions.
Objections/instructions be filed on or before the next date of hearing. List on 01.04.2025.
( Bipin C. Negi ) March 12, 2025 (KS) Judge Hira Lal vs. HRTC and another Execution Petition No.62 of 2025 12.03.2025 Present: Ms. Mamta Garg, Advocate, vice Mr. Vikas Rajput, Advocate, for the petitioner.
Mr. Dheeraj K. Vashisht, Advocate, for the respondents. Notice. Mr. Dheeraj K. Vashisht, learned counsel, appears and waives service of notice on behalf of the respondents and seeks time to file objections/ instructions.
Objections/instructions be filed on or before the next date of hearing. List on 28.03.2025.
( Bipin C. Negi ) March 12, 2025 (KS) Judge Jai Singh vs. HRTC and another Execution Petition No.1220 of 2024 12.03.2025 Present: Mr. Nikhil, Advocate, vice Mr. Mandeep Chandel, Advocate, fo the petitioner.
Mr. Raman Jamalta, Advocate, for the respondents. Learned counsel for the respondents seeks time to ascertain, as to whether interest as is being claimed by the petitioner from October, 2024 @ 9% per annum is payable. If so, has the same been paid or not.
List on 26.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Gurnam Singh and others vs. Land Acquisition Collector, HP PWD and others CMP(M) No.1086 of 2024 12.03.2025 Present: Mr. O.C. Sharma, Advocate, for the applicants.
Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.1 to 3/State.
Learned counsel for the applicant submits that an appropriate application for bringing on record the legal heirs of deceased respondent No.4 stands filed. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List after two weeks
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Prithvi Singh and another vs. The Principal Secretary (Power) to the Government of H.P. and others CMP(M) No.1527 of 2024 12.03.2025 Present: Mr. Ashok Kumar Tyagi, Advocate, for the applicant/appellant.
Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.1 to 3/State.
Mr. Digvijay Singh Kanwar, Advocate, vice Mr. Yashveer Singh Rathore, Advocate, for respondent No.4. Time for filing reply to the present application is being sought since 27.09.2024. However, till date reply has not been filed.
By way of indulgence, further time is given to the respondents to do the needful. It is made clear that if no reply is filed on or before the next date of hearing, then the right to file the same shall stand closed without further reference to this Court.
List on 27.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Smt. Sapna Kumari vs. Brahmi Devi and others CMPMO No.487 of 2024 12.03.2025 Present: Mr. Sanjeev Kumar, Advocate, vice Mr. Rajiv Sirkeck, Advocate, for the petitioner.
Mr. Rahil Mahajan, Advocate, for respondent No.1. Mr. Vijay Bhatia, Advocate, for respondents No.2 and 3. Mr. Vijay Bhatia, learned Advocate has put in appearance on behalf of respondents No.2 and 3. He seeks time to file power of attorney.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Smt. Sapna Kumari vs. Brahmi Devi and others CMPMO No.487 of 2024 12.03.2025 Present: Mr. Sanjeev Kumar, Advocate, vice Mr. Rajiv Sirkeck, Advocate, for the petitioner.
Mr. Rahil Mahajan, Advocate, for respondent No.1. Mr. Vijay Bhatia, Advocate, for respondents No.2 and 3. Mr. Vijay Bhatia, learned Advocate has put in appearance on behalf of respondents No.2 and 3. He seeks time to file power of attorney.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Hujti Ram vs. Yogesh Kumar
CMPMO No.432 of 2024
12.03.2025 Present: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma,
Advocate, for the petitioner.
Mr. Anil Kapoor, Advocate, vice Mr. Nimish Gupta, Advocate, for the respondent.
CMP No.11348 of 2024 By way of indulgence, last opportunity is afforded to the non-applicant to file reply. Let the needful be done on or before the next date of hearing. It is made clear that if reply is not filed on or before the next date of hearing, then the right to file the same shall stand closed.
List on 22.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
State of Himachal Pradesh and others vs. Shakuntla Devi CMPMO No.304 of 2024 12.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the petitioners/State.
Mr. Divya Raj Singh, Advocate, vice Mr. Ramesh Sharma, Advocate, for the respondent.
Learned vice counsel appearing on behalf of the respondent submits that the original counsel is unavailable today on account of personal difficulty and prays for an adjournment. Prayer not opposed. List for consideration after four weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Satya Devi vs. Hardev and others
RSA No.290 of 2024
12.03.2025 Present: Mr. Y.P. Sood, Advocate, for the appellant.
Mr. Abhishek Sharma, Advocate, for respondents No.1, 4, 6, 7, 8(2) and 18.
Respondents No.3, 9, 11, 12, 13, 16 and 17(2) stand served. However, there is no appearance on their behalf. Hence, they are proceeded against ex parte.
As per report of the Registry, respondents No.8(1), 15 & 17(1) have expired. Learned counsel for the appellant seeks time to take consequential steps for bringing on record the legal heirs of deceased respondents No.8(1), 15 & 17(1). Let the needful be done within four weeks.
Respondents No.2, 5(1), 19(1) & 19(2) are unserved. Let fresh steps for their service be taken within one week. On taking such steps, issue notice to the said respondents, returnable within four weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Baddi University Emerging Sciences & Technology vs. M/s Chatterje Cleaning Arts Services Pvt. Ltd. Company RSA No.255 of 2024 12.03.2025 Present: Mr. Bhuvnesh Sharma, Senior Advocate with Ms. Vishali Lakhanpal, Advocate, for the appellant. Interim order dated 28.10.2024 has not been complied with qua deposit of decretal amount along-with up-to-date interest. Further time to comply with the same was sought on 02.12.2024 and 01.01.2025. However, till date the same has not been deposited.
In view thereof, interim order dated 28.10.2024 stands vacated.
Fresh steps for the service of respondent have not been taken since 01.01.2025. Let the needful be done within three days. On taking such steps, issue notice to the respondent returnable within four weeks.
List thereafter.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Kiran Bala vs. Ram Pal and others
CMPMO No.229 of 2024
12.03.2025 Present: Mr. Dheeraj K. Vashisht, Advocate, for the petitioner.
Mr. Kunal Mehta, Advocate, for respondent No.1. CMP(M) No.1810 of 2024 Reply is stated to have been filed on behalf of respondent No.1. However, the same is not on record. Learned counsel for the petitioner submits that copy of the reply has been received by him. He seeks time to file rejoinder thereto. Let the needful be done within four weeks.
It be ensured that the reply/rejoinder are placed on record well before the next date of hearing, post removal of objection(s), if any.
List after four weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Satish Kumar vs. Kamal Kishore Sharma Civil Suit No.60 of 2024 12.03.2025 Present: Mr. Aditya Chouhan, Advocate, for the plaintiff.
Mr. Narinder Singh Thakur, Advocate, for the defendant. Civil Suit No.60 of 2024 Learned counsel for the plaintiff seeks time to file replication. Let the needful be done on or before the next date of hearing.
List on 23.04.2025.
OMP No.771 of 2024 Rejoinder, as prayed be filed on or before the next date of hearing.
Interim order to continue.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Parkash Chand vs. Hardyal Singh and others CMPMO No.45 of 2024 12.03.2025 Present: Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Gaurav Sharma, Advocate, for respondents No.1 to 6. CMP No.1270 of 2024 No reply is intended to be filed on behalf of the non- applicants. Order dated 16.01.2024 is made absolute. The application stands disposed of.
CMPMO No.45 of 2024
List for consideration on 20.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Subhash Chand and another vs. Sunil Kumar and others Civil Revision No.25 of 2024 12.03.2025 Present: Mr. Gurinder Singh Parmar, Advocate, for the petitioners.
Respondents No.1, 4, 9, 10 & 11 proceeded against ex parte vide order dated 16.05.2024.
Respondent No.5 stands served on 11.09.2024. Learned counsel appearing on behalf of the petitioners submits that an appropriate application for substitution of service of respondents No.2 and 3 stands filed. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List after two weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Davinder Kumar vs. Sukhwinder Singh Civil Suit No.24 of 2024 12.03.2025 Present: Mr. Anshul Attri, Advocate, for the plaintiff.
Mr. Navlesh Verma, Advocate, for the defendant. Civil Suit No.24 of 2024 & OMP No.315 of 2024 Written statement/reply is stated to have been filed. Learned counsel for the plaintiff/applicant submits that copies of the same stand received by him. He seeks time to file replication/rejoinder to the same.
Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Lachhman Ram vs. Vijay Ram and others RSA No.143 of 2023 12.03.2025 Present: Mr. Rohit Chaudhary, Advocate, vice Mr. Arun Sehgal, Advocate, for the appellant, who is stated to have expired. Mr. Malay Kaushal, Advocate, for respondent No.1. Mr. Gurdev Negi, Advocate, vice Mr. Naresh K. Sharma, Advocate, for respondents No.2(i) to 2(v). Learned counsel for the appellant submits that an appropriate application for bringing on record the legal heirs of the sole appellant stands taken. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List after two weeks.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Ajit Singh vs. Harvinder Singh
Civil Revision No.77 of 2023
12.03.2025 Present: Mr. Malay Kaushal, Advocate, vice Mr. Pawanish K. Shukla, Advocate, for the petitioner.
Ms. Heena Chauhan, Advocate, for the respondent. CMP No.14812 of 2024 No reply is filed to the present application. The right to file the same stands closed.
List for consideration on 22.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Savitri Devi vs. Sharif Mohammad
CMPMO No.555 of 2022
12.03.2025 Present: Mr. Arvind Sharma, Advocate, for the petitioner.
Mr. Surinder Saklani, Advocate, for the respondent. Heard for sometime.
Learned counsel for the petitioner seeks time to have instructions in the matter. List on 24.03.2025.
( Bipin C. Negi )
March 12, 2025 (KS) Judge
Mohinder Singh (deceased) through LRs. and another vs. Puran Chand (since deceased) through LRs. and another RSA No.79 of 2023 11.03.2025 Present: Mr. Ashok Chaudhary, Advocate, for the appellant.
Mr. Sumit Raj Sharma, Advocate, for respondents No.1(a) to 1(f).
Learned counsel appearing on behalf of the appellant seeks time to have instructions with respect to compliance of order dated 27.11.2024, insofar as it pertains to the appellant furnishing a security bond to the tune of Rs.1,00,000/-. Let the needful be done within three weeks. List thereafter.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Rajesh Kumar vs. Karan Singh and others RSA No.383 of 2022 11.03.2025 Present: Ms. Rinki Kashmiri, Advocate, vice Mr. Janesh Gupta, Advocate, for the appellant.
Mr. Vikas Rathore, Advocate, for respondents No.1, 2 and 3(a) to 3(c).
Mr. Manish Thakur, Deputy Advocate General, for respondent No.4/State.
Record stands received. Learned counsel for the parties intend to go through the same. List for consideration after four weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Municipal Corporation Shimla vs. M/s Akar Enterprises Civil Revision No.80 of 2020 11.03.2025 Present: Mr. Mukul Sood, Advocate, for the petitioner.
Mr. Balwant Kukreja, Advocate, for the respondent. At the request of learned counsel for the petitioner, list on 20.03.2025.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Gado Ram vs. Hemraj and others
RSA No.24 of 2020
11.03.2025 Present: Mr. Rajneesh K. Lal, Advocate, for the appellant.
Mr. Basant Pal Thakur, Advocate, for respondent No.3. None for respondents No.1, 2 and 4 to 7.
Learned counsel for the parties seek further time to go through the record. List for admission after four weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Jagdish Ram and others vs. Subhash Chand and others RSA No.10 of 2020 11.03.2025 Present: Mr. Vivek Singh Attri, Advocate, for the appellants.
None for respondents No.1, 2(a) to 2(d), 3 and 5. Mr. Manish Thakur, Deputy Advocate General, for respondent No.4/State.
CMP No.13434 of 2023 Pleadings are complete. At the request of learned counsel for the applicants/appellants, list for consideration after three weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Ashok Sharma vs. Kanta Bhagat
Civil Revision No.1 of 2020
11.03.2025 Present: Mr. Suneet Goel, Senior Advocate with Mr. Aman
Hansretta, Advocate, for the petitioner. Mr. Vaibhav Tanwar, Advocate, for the respondent. Learned counsel for the petitioner submits that power of attorney on behalf of the petitioner shall be filed during the course of the week.
List on 02.04.2025.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Raghubir Singh vs. Vijay Kumar and others Civil Revision No.169 of 2017 11.03.2025 Present: Mr. Basant Pal Thakur, Advocate, for the petitioner.
Mr. K.D. Sood, Senior Advocate with Mr. Vivek Thakur, Advocate, for respondents No.1 & 2.
Learned counsel for respondents No.1 & 2 submits that in order to amicably settle the matter, the respondents shall make an offer to the petitioner today itself. The petitioner may consider the offer so made. Let the matter be listed on 22.03.2025.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Roop Chand and another vs. Jagdish Chand and another CMPMO No.786 of 2019 11.03.2025 Present: Mr. Devender K. Sharma, Advocate, vice Mr. C.N. Singh, Advocate, for the petitioners.
Mr. Shivom Vashista, Advocate, for respondent No.1. Mr. Arush Matlotia, Advocate, for respondent No.2. Since the matter is being listed after 08.04.2022, learned counsel for the parties seek time to prepare the case.
List for consideration on 09.04.2025. Interim order to continue.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Sudesh Raj vs. Pushpa Kaushal and another CMPMO No.762 of 2019 11.03.2025 Present: Mr. Pawan Gautam, Advocate, for the petitioner.
Mr. Lakshay Parihar, Advocate, for the respondents. Learned counsel appearing on behalf of the petitioner submits that the petitioner has died. He seeks time to take consequential steps for bringing on record the legal heirs of deceased petitioner.
Let the needful be done on or before the next date of hearing. List on 27.03.2025.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Desh Deepak vs. The Land Acquisition Collector, HPP CL and others CMP(M) No.248 of 2025 11.03.2025 Present: Mr. Aditya Chauhan, Advocate, for the applicant/appellant.
Mr. Yashveer Singh Rathore, Advocate, for respondents No.1 & 2.
Mr. Manish Thakur, Deputy Advocate General, for respondent No.3/State.
CMP(M) No.248 of 2025 No reply is intended to be filed on behalf of non-applicants. The non-applicants have no objection, if in case, delay of 33 days in filing the present appeal is condoned.
For the reasons stated and the explanation given in the application, the same is allowed. Delay of 33 days in filing the appeal, being bona fide, is condoned. The application stands disposed of.
RFA No.______/2025 (Be registered) Admit.
Records be called for.
List for hearing in due course.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Yan Dassi and others vs. Dolma and others RSA No.43 of 2013 11.03.2025 Present: Ms. Amita Chandel, Advocate, vice Ms. Rachna Kuthiala, Advocate, for appellants No.2 to 6.
Appellant No.1 is stated to have expired. Mr. G.R. Palsra, Advocate, for the respondents. CMP No.3419 of 2025 No reply is intended to be filed on behalf of the non- applicants. Appellant No.1, namely Yan Dassi has died on 12.11.2024. The same is evident from the Death Certificate appended along-with present application.
The right to sue inheres/survives in the legal heirs of deceased appellant No.1. Since the legal heirs of deceased appellant No.1 are already on record as appellants No.2 to 6, therefore, the present application is allowed. Name of appellant No.1 is ordered to be deleted from the array of the parties.
Amended memo of parties appended with the present application is ordered to be taken on record.
The application stands disposed of.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Murari Lal vs. HRTC and another
Execution Petition No.63 of 2025
11.03.2025 Present: Mr. Vikas Rajput, Advocate, for the petitioner.
Mr. Dheeraj K. Vashisht, Advocate, for the respondents. Notice. Mr. Dheeraj K. Vashisht, learned counsel, appears and waives service of notice on behalf of the respondents and seeks time to file objections/ instructions.
Objections/instructions be filed on or before the next date of hearing. List after two weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Bhajan Singh and others vs. State of HP and others Execution Petition No.58 of 2025 11.03.2025 Present: Mr. K.S. Gill, Advocate, for the petitioners.
Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.1 to 3/State.
Notice, at this stage, confined to respondents No.1 to 3 only. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 to 3 and seeks time to file objections/ instructions.
Objections/instructions be filed on or before the next date of hearing. List after two weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Parveen Bala vs. State of HP and others Execution Petition No.57 of 2025 11.03.2025 Present: Mr. K.S. Gill, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondents/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents and seeks time to file objections/ instructions.
Objections/instructions be filed on or before the next date of hearing. List after two weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Dinesh Pathania and another vs. State of HP and others Execution Petition No.43 of 2025 11.03.2025 Present: Mr. K.S. Gill, Advocate, for the petitioners.
Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.1 to 4/State.
Notice, at this stage, confined to respondents No.1 to 4 only. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 to 4 and seeks time to file objections/ instructions.
Objections/instructions be filed on or before the next date of hearing. List after two weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Dr. Sanjeet Sharma vs. H.P. University and others Execution Petition No.30 of 2025 11.03.2025 Present: Mr. Vikrant Chandel, Advocate, for the petitioner.
Ms. Ranjana, Advocate, vice Ms. Archna Dutt, Advocate, for respondents No.1 to 3.
Mr. Prashant Sharma, Advocate, for respondent No.4. Notice. Ms. Ranjana and Mr. Prashant Sharma, learned counsel, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4, respectively and seek time to file objections/instructions.
Objections/instructions be filed on or before the next date of hearing. List after two weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
Dr. Sanjeet Sharma vs. H.P. University and others Execution Petition No.30 of 2025 11.03.2025 Present: Mr. Vikrant Chandel, Advocate, for the petitioner.
Ms. Ranjana, Advocate, vice Ms. Archna Dutt, Advocate, for respondents No.1 to 3.
Mr. Prashant Sharma, Advocate, for respondent No.4. Notice. Ms. Ranjana and Mr. Prashant Sharma, learned counsel, appear and waive service of notice on behalf of respondents No.1 to 3 and respondent No.4, respectively and seek time to file objections/instructions.
Objections/instructions be filed on or before the next date of hearing. List after two weeks.
( Bipin C. Negi )
March 11, 2025 (KS) Judge
M/s Punjab Kashmir Finance Ltd. vs. Sanjay Kumar and others CMP(M) No.781 of 2024 10.03.2025 Present: Mr. Abhishek Sharma, Advocate, for the petitioner.
Mr. Munish Dhatwalia, Advocate, for respondent No.1. As per report of the Registry, respondents No.2 and 3 are served. However, there is no appearance on their behalf. Hence, they are proceeded against ex parte.
No reply is intended to be filed on behalf of non-applicant/ respondent No.1. The non-applicant/respondent No.1 has no objection, if in case, delay of 01 day in filing the present petition is condoned.
For the reasons stated and the explanation given in the application, the same is allowed. Delay of 01 day in filing the petition, being bona fide, is condoned. The application stands disposed of.
Civil Revision No._____/2025 (Be registered) At the request of learned counsel for respondent No.1, list the matter for consideration after three weeks.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
M/s Punjab Kashmir Finance Ltd. vs. Sanjay Kumar and others CMP(M) No.781 of 2024 10.03.2025 Present: Mr. Abhishek Sharma, Advocate, for the petitioner.
Mr. Munish Dhatwalia, Advocate, for respondent No.1. As per report of the Registry, respondents No.2 and 3 are served. However, there is no appearance on their behalf. Hence, they are proceeded against ex parte.
No reply is intended to be filed on behalf of non-applicant/ respondent No.1. The non-applicant/respondent No.1 has no objection, if in case, delay of 01 day in filing the present petition is condoned.
For the reasons stated and the explanation given in the application, the same is allowed. Delay of 01 day in filing the petition, being bona fide, is condoned. The application stands disposed of.
Civil Revision No._____/2025 (Be registered) At the request of learned counsel for respondent No.1, list the matter for consideration after three weeks.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Suresh Kumar vs. Meena Kumari
CMPMO No.543 of 2024
10.03.2025 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
Mr. Raju Ram Rahi, Advocate, for the respondent. From perusal of the judgment of learned Additional Sessions Judge, Hamirpur, District Hamirpur, passed in Criminal Appeal No.23 of 2017, it is evident that two reliefs were granted. Relief (A) is with respect to residence & Relief (B) is with respect to grant of compensation.
Learned counsel for the petitioner submits that insofar as compensation order is concerned, the same stands complied with as Rs.20,000/- has been paid to the respondent. Insofar as relief (A) is concerned, learned counsel for the petitioner has drawn the attention of this Court to Paragraph-26 of the said judgment, wherein, following has been stated:-
"He has stated being ready and willing to provide residential/rented accommodation to the petitioner."
In view of the aforesaid, learned counsel appearing on behalf of the petitioner seeks time to have instructions in the matter.
List on 27.03.2025.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Jai Karan (deceased) through LRs. vs. Aman Kumar CMP(M) No.1379 of 2023 and CMP(M) No.1380 of 2023 in RSA No.4221 of 2013 10.03.2025 Present: Mr. Naveen K. Bhardwaj, Advocate, for the applicants-
proposed legal heir of deceased appellant. Mr. Jai Ram Sharma, Advocate, for the respondent. CMP(M) No.1379 of 2023 and CMP(M) No.1380 of 2023 The sole appellant, in the case at hand, has died on 11.01.2018, as is evident from the Death Certificate appended along-with the application (CMP(M) No.1379 of 2023). As per Death Certificate, the appellant is survived by his legal heirs. The same is in consonance with the details of the legal heirs given in Paragraph-3 of the application (CMP(M) No.1379 of 2023).
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased sole appellant, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application, delay in bringing on record the legal heirs of sole deceased appellant, is condoned and abatement, if any, is set aside.
The applications stand disposed of.
RSA No.4221 of 2013 Amended memo of parties be filed within two weeks. List thereafter.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Rajinder Singh (deceased) through LRs. and others vs. Piar Singh and others CMP(M) No.1209 of 2023 in RSA No.348 of 2009 10.03.2025 Present: Mr. Adarsh K. Vashista, Advocate, for the applicants/ appellants.
Fresh steps for the service of respondents No.10, 21, 26, 27, 33 to 35, 43, 46 to 48, 54, 55, 57 to 60 and 69 be taken within one week. Insofar as respondent No.61 is concerned, correct address for service of the said respondent be filed within one week. On taking such steps, issue notice to the said respondents, returnable within four weeks.
List after four weeks. In the meanwhile, consequential steps for bringing on record the legal heirs of deceased respondents No.1, 11, 12, 17, 23, 25, 32, 49, 64, 65, 67 & 73 be also taken.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Shankri Devi (now deceased) through LR vs. Ram Prakash and others RSA No.268 of 2023 10.03.2025 Present: None for the appellant.
In the interest of justice, let fresh steps by way of filing correct address and process fee for the purpose of service of respondent No.2 be taken within one week. On taking such steps, issue notice to respondent No.2, returnable within four weeks.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Devinder Singh Siphehia vs. State of HP and others a/w connected matter RSA No.171 of 2023 a/w RSA No.172 of 2023 RSA No.171 of 2023 10.03.2025 Present: Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.1 to 5/State.
None for respondents No.6, 12, 17 and 18. Mr. Vishwas Kaushal, Advocate, for respondents No.7 to 10, 13, 14 and 16(a) & 16(b).
Mr. Prashant Chauhan and Mr. Hamender Singh Jaswal, Advocates, vice Mr. Sandeep Dutta, Advocate, for respondent No.11.
Ms. Richa Sharma, Advocate, for respondent No.12. RSA No.172 of 2023 Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.1 to 5/State.
None for respondents No.6 and 12.
Mr. Vishwas Kaushal, Advocate, for respondents No.7 to 10, 13 and 14.
Mr. Prashant Chauhan and Mr. Hamender Singh Jaswal, Advocates, vice Mr. Sandeep Dutta, Advocate, for respondent No.11.
Ms. Richa Sharma, Advocate, for respondent No.12. CMP No.9711 of 2024 in RSA No.171 of 2023 The present application has become infructuous, as in terms of order dated 30.08.2024, post admission the notices have been accepted on behalf of respondents No.1 to 15 by their respective counsels. The application stands disposed of. CMP No.9309 of 2023 in RSA No.171 of 2023 Learned counsel appearing on behalf of the appellant/applicant seeks time to have instructions as to whether anything survives in the present application.
List on 03.04.2025.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Kimtu Devi vs. State of HP and others
Civil Suit No.10 of 2023
10.03.2025 Present: Ms. Neha Negi, Advocate, vice Mr. Ajay Kumar Dhiman,
Advocate, for the plaintiff.
Mr. B.N. Sharma, Additional Advocate General, for defendants No.1 to 3/State.
Ms. Komal Chaudhary, Advocate, for defendants No.4 & 5. Ms. Amita Chandel, Advocate, vice Ms. Rachna Kuthiala, Advocate, for the applicant in OMP No.1073 of 2023. OMP No.1073 of 2024 Further time prayed for filing reply on behalf of the non- applicants. Let the needful be done within four weeks. List thereafter.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
G.M. Northern Railways vs. Ama rChand (deceased) through LRs. and others RFA No.8 of 2023 10.03.2025 Present: Mr. Shiv Pal Manhans, Senior Panel Counsel, for the appellant.
Mr. Manoj Brakta, Advocate, vice Mr. Atharv Sharma, Advocate, for respondents No.1(a), to 1(g), 3 to 12. Mr. B.N. Sharma, Additional Advocate General, for respondents No.13 & 14/State.
Amended memo of parties filed, which is at Page-52 of the paper book, is ordered to be taken on record.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Madhubala vs. Shashi
CMPMO No.86 of 2022
10.03.2025 Present: Mr. M.A. Safee, Advocate, for the petitioner.
Mr. B.N. Sharma, Advocate, vice Mr. Raj Kumar Negi, Advocate, for the respondent.
Time for filing reply and power of attorney is being sought since 04.05.2022. However, till date neither reply nor power of attorney has been filed.
By way of indulgence, three weeks further time is given to the respondent to do the needful. It is made clear that if no reply is filed on the next date of hearing, then the right to file the same shall stand closed without further renfence to this Court.
List on 26.03.2025.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Shakuntla Shashi and others vs. Shabnam Sood, a/w connected matters Civil Revision No.58 of 2017 a/w Civil Revision Nos.59 & 60 of 2017 10.03.2025 Present: Mr. Rahul Sharma, Advocate, vice Mr. Balwant Kukreja, Advocate, for the petitioner(s).
Mr. Deepak Bhasin, Senior Advocate with Mr. Sambhav Bhasin, Advocate, for the respondent(s). CMP(M) No.2113 of 2024 in Civil Revision No.60/2017 Pleadings in the applications are complete. During the pendency of the present proceedings, the sole petitioner is stated to have died. In response to the application for bringing on record the legal heirs of deceased sole petitioner/applicant, non-applicant contends that the tenancy, in the case at hand, could not have devolved upon the legal heirs sought to be brought on record. The question, as to whether the tenancy has devolved or as to whether the legal heirs are required to be brought on record only for the purpose of representing the estate is the question which can be decided at the final stage.
In view of the aforesaid, this application shall be adjudicated finally at the time of hearing of the main petition.
Civil Revision Nos.58 & 59 of 2017 List on 22.04.2025.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Pavinder Kumar vs. Jagdish Singh and others RSA No.101 of 2012 10.03.2025 Present: Ms. Shrutika Chauhan, Advocate, vice Mr. Dheeraj K. Vashisht, Advocate, for the appellant. Respondent No.1 is stated to have expired. Ms. Amita Chandel, Advocate, vice Ms. Rachna Kuthiala, Advocate, for respondents No.2 to 4.
None for respondents No.5 to 18.
Names of respondents No.19 and 21 stand deleted. Respondents No.20 and 22 are stated to have expired. CMP(M) Nos.1949 & 1950 of 2024 On taking steps within three days, issue notice to the proposed LRs of deceased respondent No.1, detailed in paragraph-2 of the application (CMP(M) No.1949/2024), returnable within four weeks.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Mohinder Singh and others vs. Kashmiri Devi and others RSA No.273 of 2010 10.03.2025 Present: Mr. Vijay Panchta, Advocate, for the appellants.
Mr. Pranjal Munjal, Advocate, vice Mr. Janesh Gupta, Advocate, for respondents No.1, 3 to 6.
Ms. Neha Negi, Advocate vice Mr. Ajay Kumar Dhiman, Advocate, for respondents No.5(a) to 5(d), respondent No.7 and proposed LRs. of respondent No.8, except LR No.8(c), namely Rakesh Chand.
CMP(M) Nos.536 & 537 of 2020 Time for bringing on record the legal heirs of deceased LR No.8(c) is being sought since 19.09.2024. Further time is sought by learned counsel (Mr. Ajay Kumar Dhiman, Advocate) for filing power of attorney on behalf of LRs.No.8(a), 8(b) and 8(d) to 8(h).
CMP(M) No.1421 & 1422 of 2024 Respondents No.2(a) and 2(b) are served. However, there is no appearance on their behalf. Hence, they are proceeded against ex parte.
CMP(M) No.1419 & 1420 of 2024 Respondent No.9(b) is served. However, there is no appearance on his behalf. Hence, he is proceeded against ex parte.
Insofar as respondent No.9(a) is concerned, it is reported that he could not be served as his correct name is Rajesh Kumar instead of Rajender Kumar.
Let fresh steps for the service of respondent No.9(a)- Rajesh Kumar be taken within three days. On taking such steps, issue notice to the said respondent, returnable within four weeks. Amended memo of parties in the present applications be filed by stating the correct parentage of respondents No.9(c) to 9(e). The present applications would be dealt with once respondent No.9(a) is served.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Suresh Kumar vs. State of Himachal Pradesh Cr.MP(M) No.448 of 2025 10.03.2025 Present: Mr. Yashveer Singh Rathore, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 11.04.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Pavnesh Kumar vs. Navneet Sharma and others RSA No.32 of 2025 10.03.2025 Present: Mr. Sanjay Kumar Jaswal, Advocate, for the appellant.
Mr. Rajesh Mandhotra, Advocate, for respondent No.10. Learned counsel for respondent No.10 seeks time to file power of attorney.
List after one week for consideration at the admission stage.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
Pyare Chand vs. State of H.P. and others RSA No.33 of 2025 10.03.2025 Present: Mr. Kunal Thakur, Advocate, vice Mr. Sudhir Bhatnagar, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for the respondents/State.
At the request of learned counsel appearing on behalf of the appellant, list for consideration after one week.
( Bipin C. Negi )
March 10, 2025 (KS) Judge
LAC & Anr. Vs. Rajmal & Ors..
CMP(M) No.1098 of 2024
07.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for
applicants/State.
Mr. Abhinav Purohit, Advocate, for respondents No.1 to 3, 7, 8 and 10.
CMP(M) No.1098 of 2024 Reply on behalf of the contesting respondents, be filed, on or before the next date of hearing.
Learned Addl. Advocate General submits that an appropriate application for bringing on record the LRs of deceased respondent No.9 has already been filed in the Registry of this Court. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List after four weeks.
CMP(M) Nos.228 and 229 of 2025 On taking steps within three days, issue notice to the proposed LRs of deceased respondent No.4, returnable within four weeks.
CMP(M) Nos.230 and 231 of 2025 On taking steps within three days, issue notice to the proposed LRs of deceased respondent No.5, returnable within four weeks.
CMP(M) Nos.232 and 233 of 2025 On taking steps within three days, issue notice to the proposed LRs of deceased respondent No.6, returnable within four weeks.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Rajinder Kaur and another vs. Ravinder Parkash and others CMP(M) No.1080 of 2024 in RSA No.252 of 2023 07.03.2025 Present: Mr. Atharv Sharma, Advocate, for the applicants/appellants.
Mr. Paras Dhaulta, Advocate, for respondents No.1 to 6. None for respondent No.7.
Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.8 & 9/State At the pleasure of Hon'ble the Chief Justice, list before another appropriate Bench.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
LAC and another vs. Ram Swaroop & others CMP No.381 of 2025 in RFA No.364 of 2004 07.03.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the non-applicants/appellants-State.
Mr. Vijay Sharma, Advocate, for the respondents. In order to enable the Addl. Advocate General for the non- applicants/appellants to have instructions, list on 12.03.2024.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Jeet Singh vs. Avinash
Civil Revision No.121 of 2024
07.03.2025 Present: Mr. Devender Kumar Sharma, Advocate, for the petitioner.
Mr. G.R. Palsra, Advocate, for the respondent. CMP No.26274 of 2024 No reply is intended to be filed on behalf of the non- applicant. Non-applicant submits that the total disputed amount, in the case at hand, is Rs.50,000/-(Rupees fifty thousand) only.
As per the averments made in the petition, a sum of Rs.3,50,000/- (Rupees three lacs and fifty thousand) has been deposited with the Rent Controller, Mandi on 25.08.2023. Since, admittedly the amount in dispute is only Rs.50,000/-(Rupees fifty thousand), therefore, the Rent Controller, Mandi is directed to release Rs.3,00,000/- (Rupees three lacs) along with proportionate interest accrued thereupon to the present applicant. The amount be remitted to the bank account, details whereof, have been given in Paragraph-3 of the present application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Jeet Singh vs. Avinash
Civil Revision No.121 of 2024
07.03.2025 Present: Mr. Devender Kumar Sharma, Advocate, for the petitioner.
Mr. G.R. Palsra, Advocate, for the respondent. CMP No.26274 of 2024 No reply is intended to be filed on behalf of the non- applicant. Non-applicant submits that the total disputed amount, in the case at hand, is Rs.50,000/-(Rupees fifty thousand) only.
As per the averments made in the petition, a sum of Rs.3,50,000/- (Rupees three lacs and fifty thousand) has been deposited with the Rent Controller, Mandi on 25.08.2023. Since, admittedly the amount in dispute is only Rs.50,000/-(Rupees fifty thousand), therefore, the Rent Controller, Mandi is directed to release Rs.3,00,000/- (Rupees three lacs) along with proportionate interest accrued thereupon to the present applicant. The amount be remitted to the bank account, details whereof, have been given in Paragraph-3 of the present application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Rajan Gupta and others vs. Sudhir Singh and others RSA No.363 of 2022 07.03.2025 Present: Mr. Karun Negi, Advocate, for the appellants.
Mr. Parikshit Sharma, Advocate, for the respondents. CMP No.8152 of 2024 Pleadings are complete.
RSA No.363 of 2022 Record stands received. Learned counsel for the parties intend to go through the same. List for consideration after three weeks.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Sudan Singh vs. HRTC and others
Execution Petition No.1400 of 2024
07.03.2025 Present: Mr. Manohar Lal Sharma, Advocate, for the petitioner.
Mr. Raman Jamalta, Advocate, for the respondents. Notice. Mr. Raman Jamalta, Advocate, appears and waives service of notice on behalf of the respondents and seeks time to file reply.
Reply/instructions on behalf of the respondents be filed on or before the next date of hearing. List on 02.04.2025.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Nand Lal vs. HRTC and others
Execution Petition No.1397 of 2024
07.03.2025 Present: Mr. Manohar Lal Sharma, Advocate, for the petitioner.
Mr. Raman Jamalta, Advocate, for the respondents. Notice. Mr. Raman Jamalta, Advocate, appears and waives service of notice on behalf of the respondents and seeks time to file reply.
Reply/instructions on behalf of the respondents be filed on or before the next date of hearing. List on 02.04.2025.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Sudershan Kumar vs. HRTC and others
Execution Petition No.1396 of 2024
07.03.2025 Present: Mr. Manohar Lal Sharma, Advocate, for the petitioner.
Mr. Vinod Kumar Gupta, Advocate, for the respondents. Notice. Mr. Vinod Kumar Gupta, Advocate, appears and waives service of notice on behalf of the respondents and seeks time to file reply.
Reply/instructions on behalf of the respondents be filed on or before the next date of hearing. List on 02.04.2025.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Rajvinder Singh vs. HRTC and another Execution Petition No.1389 of 2024 07.03.2025 Present: Mr. Hemant Kumar Thakur, Advocate, for the petitioner.
Mr. Vinod Kumar Gupta, Advocate, for the respondents. Notice. Mr. Vinod Kumar Gupta, Advocate, appears and waives service of notice on behalf of the respondents and seeks time to file reply.
Reply/instructions on behalf of the respondents be filed on or before the next date of hearing. List on 02.04.2025.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Surjeet Singh(deceased) thorough his LRs. vs. Land Acquisition-cum- Competent Authority and another Arbitration Case No.735 of 2024 07.03.2025 Present: Mr. Gurdev Negi, Advocate, for the petitioners.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.1/State.
Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan, Advocate, for respondent No.2.
Learned counsel appearing on behalf of respondent No.2 submits that reply stands filed. However, the same is not on record. Learned counsel for the petitioners submits that he has received copy of the same. Learned counsel for the petitioners submits that no rejoinder is required to be filed.
Registry to trace the reply and place it on record well before the next date of hearing, post removal of objection(s), if any.
List the matter on 10.04.2025.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Kapil Kumar & Anr. vs. Babita Devi
CMPMO No.472 of 2024
07.03.2025 Present: Mr. Azad Kaith, Advocate, for the petitioners.
Learned counsel for the petitioners submits that he would be depositing a sum of Rs.30,000/- towards the arrears of maintenance today in the Registry of this Court. The maintenance, in the case at hand, is payable from 12.10.2022 @ Rs.8,000/- per month. Learned counsel for the petitioners submits that the balance arrears would be deposited on or before the next date of hearing.
Besides the aforesaid, learned counsel for the petitioners seeks time to prepare the case at hand. List after four weeks.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Pooja Verma and others vs. Lalit Mohan and others RSA No.300 of 2024 07.03.2025 Present: Ms. Sneh Bhimta, Advocate, for the applicant/appellant.
None for respondent No.1. though duly served. Fresh steps for the service of respondents No.2 to 4 be taken within three weeks. On taking such steps, issue notice to the said respondents, returnable within four weeks.
List after four weeks. In the meanwhile, certified copy of the trial Court judgment be placed on record.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
National Highway Authority of India vs. Anantu and another OMP(M) No.148 of 2024 07.03.2025 Present: Ms. Sneh Bhimta, Advocate, for the applicant/appellant.
Further time prayed for bringing on record the legal heirs deceased respondents No.1 and 2. Let the needful be done within three weeks. List thereafter.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Border Road Organization vs. Hoshiar Singh (since deceased) through LRs. and others RFA No.13 of 2024 07.03.2025 Present: Mr. Nand Lal Thakur, Senior Panel Counsel, for the appellant.
Mr. Abhishek Sharma, Advocate, for respondent No.1(a). Mr. Rahul, Advocate, for respondent No.1(b). Mr. Jai Dev Thakur, Advocate, for respondents No.2 & 3. CMP Nos.9909 & 19165 of 2024 These applications have been filed under Order 41 Rule 33 of the Civil Procedure Code. The same are to be heard along- with the main appeal at the time of final hearing. Hence, pleadings be completed in the meanwhile. RFA No.13 of 2024
List for hearing in due course.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Rajinder Kaur and another vs. Ravinder Parkash and others RSA No.252 of 2023 07.03.2025 Present: Mr. Atharv Sharma, Advocate, for the appellants.
Mr. Paras Dhaulta, Advocate, for respondents No.1 to 6. None for respondent No.7.
Mr. Raj Kumar Negi, Additional Advocate General, for respondents No.8 & 9/State At the pleasure of Hon'ble the Chief Justice, list before another appropriate Bench.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
Julfi Ram vs. Dharam Singh
RSA No.135 of 2023
07.03.2025 Present: Mr. Pawan Gautam, Advocate, for the appellant.
Mr. Atharv Sharma, Advocate, for the respondent. Learned counsel for the appellant submits that in pursuance to order dated 13.12.2024, mesne profit @ Rs.3,000/-, as was decided vide order dated 12.09.2023, has been deposited by the appellant till March, 2025. In terms of order dated 12.09.2023, the appellant was required to deposit a sum of Rs.3,000/- per month. Learned counsel for the appellant assures this Court that regular payments shall be deposited every month during the pendency of this appeal.
The matter was admitted vide order dated 01.12.2023. In view thereof, list the matter for hearing in due course.
( Bipin C. Negi )
March 07, 2025 (KS) Judge
State of HP and others vs. Sachin Kumar CMP(M) No.1836 of 2024 06.03.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the applicants/appellants-State.
Respondent though served, but there is no appearance on his behalf. Hence, he is proceeded against ex parte.
In the filing of the present appeal, there is a delay of about 122 days. The same has been duly explained in the application filed for condonation of delay. Even otherwise, while dealing with an application for condonation of delay filed by the State, one has to be conscious of the bureaucratic delays, impersonal nature of the governmental functioning, institutional interest and hence a justice oriented liberal approach has to be taken while dealing with such applications.
In this respect, it would be appropriate to refer to decision of the Hon'ble Apex Court passed in State of Manipur and others vs. Koting Lamkang, 2019 (10) SCC 408. The relevant extract of the same is being reproduced herein below:-
"7. But while concluding as above, it was necessary for the Court to also be conscious of the bureaucratic delay and the slow pace in reaching a government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it. Even while observing that the law of limitation would harshly affect the party, the Court felt that the delay in the appeal filed by the State, should not be condoned.
8. Regard should be had in similar such circumstances to the impersonal nature of the Government's functioning where individual officers may fail to act responsibly. This in turn, would result in injustice to the institutional interest of the State. If the appeal filed by State are lost for individual default, those who are at fault, will not usually be individually affected."
Other than the aforesaid, it would also be appropriate to refer to judgment dated 09.10.2023, passed in Civil Appeal No.5867 of 2015 titled Sheo Raj Singh (deceased) through LRs. and others vs. Union of India and another. The relevant extract of the same is being reproduced herein below:-.
"37. Having bestowed serious consideration to the rival contentions, we feel that the High Court's decision to condone the delay on account of the first respondent's inability to present the appeal within time, for the reasons assigned therein, does not suffer from any error warranting interference. As the aforementioned judgments have shown, such an exercise of discretion does, at times, call for a liberal and justice- oriented approach by the Courts, where certain leeway could be provided to the State. The hidden forces that are at work in preventing an appeal by the State being presented within the prescribed period of limitation so as not to allow a higher court to pronounce upon the legality and validity of an order of a lower court and thereby secure unholy gains, can hardly be ignored. Impediments in the working of the grand scheme of governmental functions have to be removed by taking a pragmatic view on balancing of the competing interests."
Hence, for the reasons/sufficient cause stated in the application & the aforesaid position of law, delay in filing the present appeal is condoned. Application stands disposed of.
RSA No.______/2025 Be registered List for admission after two weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
HPPCL and another vs. Luxmi Kant and others RFA No.392 of 2018 a/w Cross Objection No.11 of 2019 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the appellants.
Ms. Shruti, Proxy Counsel, for respondents No.1 to 9, 11, 12(a) to 12(g), 13(a) to 13(c), 14(a), 14(b), 15, 16, 17(a) to 17(i).
Mr. B.N. Sharma, Additional Advocate General, for respondents No.18 & 19/State.
CMP No.22555 of 2024 Vide order dated 29.11.2018, award dated 05.09.2018, passed by learned District Judge, Sirmaur District at Nahan, H.P., in LAC Petition No.40-LAC/4 of 2015, titled as Luxmi Kant and others vs. State of Himachal Pradesh & others, had been stayed subject to deposit of the entire awarded amount alongwith up-to- date interest in the Registry of this Court.
Since the aforesaid amount has not been deposited, therefore, the respondents are free to execute the order. The application stands disposed of.
RFA No.392 of 2018
List after four weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
HPPCL and another vs. Sadanand and others RFA No.386 of 2018 a/w Cross Objection No.12 of 2019 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the appellants.
Ms. Shruti, Proxy Counsel, for respondents No.1 and 2. Mr. B.N. Sharma, Additional Advocate General, for respondents No.3 & 4/State.
CMP No.22583 of 2024 Vide order dated 29.11.2018, award dated 05.09.2018, passed by learned District Judge, Sirmaur District at Nahan, H.P., in LAC Petition No.33-LAC/4 of 2015, titled as Sadanand and others vs. State of Himachal Pradesh & others, had been stayed subject to deposit of the entire awarded amount alongwith up-to- date interest in the Registry of this Court.
Since the aforesaid amount has not been deposited, therefore, the respondents are free to execute the order. The application stands disposed of.
RFA No.386 of 2018
List after four weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
HPPCL and another vs. Rajinder Singh and others RFA No.385 of 2018 a/w Cross Objection No.16 of 2019 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the appellants.
Ms. Shruti, Proxy Counsel, for respondents No.1 to 8, 9(i) to 9(iv) and 10 to 14.
Mr. B.N. Sharma, Additional Advocate General, for respondents No.15 & 16/State.
CMP No.22585 of 2024 Vide order dated 29.11.2018, award dated 05.09.2018, passed by learned District Judge, Sirmaur District at Nahan, H.P., in LAC Petition No.32-LAC/4 of 2015, titled as Shri Rajinder Singh vs. State of Himachal Pradesh & others, had been stayed subject to deposit of the entire awarded amount alongwith up-to- date interest in the Registry of this Court.
Since the aforesaid amount has not been deposited, therefore, the respondents are free to execute the order. The application stands disposed of.
RFA No.385 of 2018
List after four weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
HPPCL and another vs. Narayan Singh and others RFA No.391 of 2018 a/w Cross Objection No.22 of 2019 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the appellants.
Ms. Shruti, Proxy Counsel, for respondent No.1. Mr. B.N. Sharma, Additional Advocate General, for respondents No.2 & 3/State.
CMP No.22586 of 2024 Vide order dated 29.11.2018, award dated 05.09.2018, passed by learned District Judge, Sirmaur District at Nahan, H.P., in LAC Petition No.39-LAC/4 of 2015, titled as Shri Narayan Singh vs. State of Himachal Pradesh & others, had been stayed subject to deposit of the entire awarded amount alongwith up-to- date interest in the Registry of this Court.
Since the aforesaid amount has not been deposited, therefore, the respondents are free to execute the order. The application stands disposed of.
RFA No.391 of 2018
List after four weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
HPPCL and another vs. Kaku Ram and others RFA No.389 of 2018 a/w Cross Objection No.13 of 2019 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the appellants.
Ms. Shruti, Proxy Counsel, for respondents No.1 to 5. Mr. B.N. Sharma, Additional Advocate General, for respondents No.6 & 7/State.
CMP No.22587 of 2024 Vide order dated 29.11.2018, award dated 05.09.2018, passed by learned District Judge, Sirmaur District at Nahan, H.P., in LAC Petition No.37-LAC/4 of 2015, titled as Kaku Ram & others vs. State of Himachal Pradesh & others, had been stayed subject to deposit of the entire awarded amount alongwith up-to- date interest in the Registry of this Court.
Since the aforesaid amount has not been deposited, therefore, the respondents are free to execute the order. The application stands disposed of.
RFA No.389 of 2018
List after four weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
Rajinder Kumar and another vs. Madan Gopal CMP(M) No.1805 of 2024 in RSA No.311 of 2008 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the non-applicants/ appellants.
Ms. Shruti, Proxy Counsel, for the respondent. Time to file reply is being sought since 20.11.2024. Reply be positively filed on or before the next date of hearing. List after four weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
Ram Rattan vs. Land Acquisition Collector, HPPWD CMP(M) No.1083 of 2024 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the applicant/ appellant.
Mr. B.N. Sharma, Additional Advocate General, for the respondents/State.
CMP(M) No.1083 of 2024 From the reasons and sufficient cause shown in the application, it is evident that there exists sufficient cause/ explanation for condoning the delay in filing the present appeal. The application is allowed. Delay of 73 days in filing the present appeal is condoned.
The appeal be registered. The application stands disposed of.
RFA No.________/2025 Admit.
Records be called for.
List for hearing in due course.
CMP No.26376 of 2024 The impugned award, in the case at hand, was passed by learned Additional District Judge, Nalagarh, District Solan, on 14.12.2023. Prior to passing of the said order, on 04.09.2023, proforma respondent No.4-Smt. Parwati Devi had expired, as is evident from the Death Certificate appended along-with the present application at Annexure A-1. The deceased proforma respondent No.4-Smt. Parwati Devi had executed a registered Will bearing No.85 of 2010 dated 17.03.2010. By virtue of the said Will, the entire movable and immovabale properties of deceased proforma respondent No.4-Smt. Parwati Devi have been bequeathed in favour of the present applicant/appellant.
In view of the aforesaid, since the present applicant is the sole legal representative of the deceased proforma respondent No.4-Smt. Parwati Devi, therefore, the present application is allowed. The name of deceased proforma respondent No.4-Smt. Parwati Devi is ordered to be deleted from the array of the respondent as her sole legal representative, based on a registered Will, is already on record as applicant/appellant.
The application stands disposed of.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
Richa Sipahiya/Katoch vs. Rahul Katoch CMPMO No.522 of 2024 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the petitioner.
Ms. Shruti, Proxy Counsel, for the respondent. At the joint request of learned counsel for the parties, list on 18.03.2025.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
Ashwani Kumar and others vs. Vidya Devi RSA No.46 of 2024 06.03.2025 Present: Ms. Himani Verma, Proxy Counsel, for the appellants.
Ms. Shruti, Proxy Counsel, for the respondent. CMP No.4347 of 2024 No reply has been filed despite last opportunity having been granted. On the persuasive request of learned counsel appearing on behalf of the non-applicants, further three weeks' time is granted to file the same, subject to payment of cost quantified at Rs.2,500/- to be deposited with Himachal Pradesh High Court Bar Association, Shimla.
List after three weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
State of HP and another vs. Babu Ram Gupta (deceased) through LRs. and others CMP(M) No.245 of 2024 06.03.2025 Present: Mr. R.S. Verma, Additional Advocate General, for the applicants/ appellants-State.
Appropriate application, in terms of previous order, be filed on or before the next date of hearing. List after three weeks.
( Bipin C. Negi )
March 06, 2025 (KS) Judge
Rikhi Ram vs. Himachal Pradesh State Electricity Board and others CMPMO No.593 of 2024 01.03.2025 Present: Mr. K.D. Sood, Senior Advocate with Mr. Rahul Gathania, Advocate, for the petitioner.
Ms. Sunita Sharma, Senior Advocate with Mr. Dhananjay Sharma, Advocate, for respondents No.1 and 2. Vide impugned order dated 22.08.2024, learned Additional District Judge-I, Una, District Una, has dismissed an application filed under Order 22 Rule 4 read with Section 151 of the Civil Procedure Code for bringing on record the legal heirs of deceased respondent No.4, i.e., Basant Lal and respondent No.7, i.e., Bahadur Devi @ Shobha Devi. The reason for rejection of the same being that the aforesaid two respondents had died while SLP was pending adjudication before the Hon'ble Apex Court.
Learned counsel for the appellant submits that an appropriate application has been filed before the Hon'ble Apex Court for bringing on record the legal heirs of deceased respondents No.4 and 7.
In view of the aforesaid, list the matter in the 4th week of April, 2025.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
General Manager, Northern Railway vs. Balbir Singh (deceased) through LRs. And another a/w connected matters.
RFA No.61 of 2021 a/w RFA Nos.60 & 62 of 2022 RFA No.61 of 2021 a/w RFA No.60 of 2022 01.03.2025 Present: Mr. Shashi Shirshoo, Central Government Counsel, for the appellant, in both the appeals.
Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for respondents No.1(a) to 1(d), in both the appeals.
Mr. R.S. Verma, Additional Advocate General, for respondent No.2/State, in both the appeals. RFA No.62 of 2022 Mr. R.S. Verma, Additional Advocate General, for the appellants/State.
Mr. R.K. Sharma, Senior Advocate with Ms. Anita Devi, Advocate, for respondents No.1(a) to 1(c) though proceeded against ex parte vide order dated 03.08.2022. CMP No.4991 of 2024 in RFA No.61 of 2021 At the joint request of learend counsel for the parties, list on 22.03.2025.
CMP(M) No.1259 of 2021 in RFA No.62 of 2022 No reply is intended to be filed on behalf of the non- applicants.
The sole respondent is stated to have expired on 11.04.2021. The same is evident from the Death Certificate appended along with the present application as Annexure A-I. He is survived by his legal heirs details, whereof, have been given in Annexure A-II. The same is in consonance with the details of the legal heirs given in Paragraph-5 of the application.
Since the right to sue inheres/survives with the aforesaid legal heirs of deceased sole respondent, therefore, they are ordered to be brought on record.
For the bona fide reasons stated/sufficient cause shown in the application, delay in bringing on record the legal heirs of sole deceased respondent, is condoned and abatement, if any, is set aside. Application stands disposed of.
Amended memo of parties filed with the applications is taken on record.
Mr. R.K. Sharma, learned Senior Advocate assisted by Ms. Anita Devi, learned Advocate has put in appearance on behalf of legal heirs of deceased sole respondent and submits that power of attorney on their behalf stands already filed.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Nirmala Devi vs. Om Parkash
RSA No.142 of 2020
01.03.2025 Present: Mr. Divya Raj Singh, Advocate, for the appellant.
Sole respondent is stated to have expired. Steps for the service of legal heris of deceased respondent have not been taken since 12.12.2024.
Let the needful be done within three days. On taking such steps, issue notice to the legal heirs, returnable within four weeks. It is made clear that if steps are not taken within the aforesaid period, present appeal shall automatically stand dismissed for non prosecution without further reference to this Court.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Puran Chand and others vs. Ambi Chand and others CMPMO No.24 of 2020 01.03.2025 Present: Mr. Parveen Chauhan, Advocate, vice Mr. Y.P. Sood, Advocate, for the petitioner.
None for the respondents.
Despite being served, power of attorney on behalf of respondents No.1 to 3 has not been filed till date. Since, in the case at hand, proceedings before the trial Court have already been stayed vide order dated 06.01.2020, therefore, list the matter for consideration on 17.03.2025.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
G.M. Northern Railway vs. Virender Singh and others CMP(M) No.1425 of 2019 01.03.2025 Present: Mr. Shashi Shirshoo, Senior Panel Counsel, for the applicant/appellant.
Time for bringing on record the legal heirs of deceased respondents No.5, 7, 8 and 10 is being taken since 09.05.2024. However, requisite steps have not been taken till date.
Since within the prescribed period of limitation, appropriate steps have not been taken for bringing on record the legal heirs of deceased respondents No.5, 7, 8 and 10, therefore, necessary consequences with respect to abatement have ensued.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Sarla Gupta vs. Nar Singh Dass Gupta and others RSA No.493 of 2014 01.03.2025 Present: Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the appellant.
Respondent No.1 is stated to have expired. Respondents No.2 to 4 & 5(a) to 5(d) already ex parte. CMP(M) No.183 of 2025 On taking steps within a week, issue notice to the legal heirs of deceased respondent No.1, details whereof have been given in Paragraph-2 of the application, returnable within four weeks.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Nirmala Devi (deceased) through LRs. vs. The Commissioner and others a/w connected matters RSA No.76 of 2013 a/w RSA Nos.105 and 126 of 2013 01.03.2025 Present: Mr. Sumit Sharma, Advocate, for the appellants, in all the appeals.
Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for the respondents, in all the appeals. Mr. Vishal Verma, Advocate, for the applicants in CMP No.10028 of 2022.
CMP(M) No.1300 of 2022 At the request of learend Senior Advocate appearing on behalf of the non-applicant(s), list on 03.03.2025.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Tarsem Singh and others vs. Ramesh Chand and others RSA No.706 of 2008 a/w Cross Objection No.67 of 2009 01.03.2025 Present: Mr. Divya Raj Singh, Advocate, for the appellants/non-
cross objector.
Mr. Abhishek, Advocate vice Ms. Rachna Kuthiala, Advocate, for respondents No. 1, 2, 4(a) to 4(c), 5 to 8/cross-objectors.
None for respondents No. 3(a) and 3(b), 9 to 13 and 15 to 21. Respondent No. 14 is stated to have expired. Names of respondents No. 22, 25 to 27 stand deleted. Learned counsel appearing on behalf of the appellants seeks time to take consequential steps in pursuance to the death of respondent No.14. Let the needful be done within one week. In the meanwhile, amended memo of parties be filed. List thereafter.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Om Parkash vs. Rajinder Kumar and others RFA No.365 of 2000 01.03.2025 Present: Mr. Viplav Sharma, Senior Advocate with Mr. Anirudh Sharma, Advocate, for the appellant.
Mr. Vedhant Ranta, Advocate, for respondent No.1. Mr. Malay Kaushal, Advocate, vice Mr. Manohar Lal Sharma, Advocate, for respondent No.8. Ms. Dhanwanti, Advocate, vice Mr. Sanjay Bhardwaj, Advocate, for respondent No.9.
Mr. Abhinav Ghabroo, Advocate, for respondent No.10. RFA No.365 of 2000 The factum of respondents No.8 and 10 having attained majority has been dealt with in order dated 01.05.2012, while deciding CMP No.523 of 2012. The same has been noticed and respondents No.8 & 10 have been permitted to sue in their own capacity after attaining the age of majority. Learned counsel appearing on behalf of respondents No.8 & 10 seek four weeks' time to file power of attorney. Let the needful be done on or before 07.04.2025.
CMP Nos.4659/2018 & 18391/2022 Pleadings be completed before the next date of hearing. Since these applications are filed under Order 41 Rule 27 of the Civil Procedure Code, they shall be heard at the time of final hearing of the appeal.
CMP No.18393 of 2022
Allowed and the applicant is exempted from filing translated copies of the Hindi documents, in question, annexed with the accompanying appeal, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Thakur Dass vs. Kalavati and others
RSA No.17 of 2025
01.03.2025 Present: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the appellant.
RSA No.17 of 2025 On taking steps within three days, issue notice to the respondents, returnable within four weeks. Notice is being issued on substantial question of law No.5 framed at Page 22 of the paper book.
CMP No.2909 of 2025
During the pendency of the present appeal, operation and execution of judgment and decree dated 27.12.2024, passed by learned District Judge (Forests), Shimla, in Civil Appeal No.5/2023, shall remain stayed.
The application stands disposed of.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Thakur Dass vs. Kalavati and others
RSA No.16 of 2025
01.03.2025 Present: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for the appellant.
RSA No.16 of 2025 On taking steps within three days, issue notice to the respondents, returnable within four weeks. Notice is being issued on substantial question of law No.5 framed at Page 22 of the paper book.
CMP No.2904 of 2025
During the pendency of the present appeal, operation and execution of judgment and decree dated 27.12.2024, passed by learned District Judge (Forests), Shimla, in Civil Appeal No.53/2023, shall remain stayed.
The application stands disposed of.
( Bipin C. Negi )
March 01, 2025 (KS) Judge
Jal Pal & Another vs. Krishan Singh
RSA No.180 of 2022
28.02.2025 Present: Mr. Prashant Chauhan, Advocate, vice Mr. Sarthak Mehta, Advocate, for the appellants.
Mr. Ashok Kumar Verma, Advocate, vice Mr. Rakesh Chauhan, Advocate, for the respondent. Further time prayed for by leanred counsel for the parties to go through the record.
List after three weeks.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Renuka Ji Dam Project and another vs. Chanjali and another CMP No.26212 of 2024 in RFA No.38 of 2019 28.02.2025 Present: Mr. Shashi Shirshoo, Advocate, for the appellants.
None for respondent No.1.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.2/State/applicant.
CMP No.26212 of 2024 One Shri Ram Krishan (complainant) has leveled serious allegations against the alleged accused, Advocate Prittam Singh Kanwar and others. On the basis of the aforesaid allegations, FIR No.16 of 2022 dated 21.02.2022 under Sections 409, 467, 468, 471, 420, 120-B of the Indian Penal Code has been registered at Police Station, Renukaji, District Sirmaur. The said FIR was registered on the basis of an order passed by learned Judicial Magistrate First Class, Nahan vide order dated 17.02.2022. As per the allegations in the FIR, a sum of Rs.18,00,000/- to be received by Smt. Chanjali Devi on account of acquisition of land has been fraudulent withdrawn by the aforesaid Advocate.
During investigation, Advocate Prittam Singh Kanwar has produced photocopy of the Vakalatnama granted in his favour by Smt. Chanjali Devi alleged to contain her thumb impression.
The Vakalatnama lying in the case file (RFA No.38 of 2019), filed on behalf of Smt. Chanjali Devi by Advocate, Prittam Singh Kanwar, is alleged to be forged. The aforesaid Vakalatnama is alleged to bear the thumb impression of Smt. Chanjali Devi.
By virtue of the present application, the applicant seeks permission to have access to the original Vakalatnama filed in RFA No.38 of 2019 on behalf of Smt. Chanjali Devi by Advocate Prittam Singh Kanwar in order to send the same to SFSL, Junga for analysis and comparison with the thumb impression of Smt. Chanjali Devi.
No reply is intended to be filed on behalf of the non- applicants/appellants.
Heard learned counsel for the applicant. For the reasons stated in the application and in the interest of justice, the present application is allowed. Registry is directed to furnish the original Vakalatnama lying in the file (RFA No.38 of 2019) alleged to contain thumb impression of Smt. Chanjali Devi to the applicant. It is made clear that once SFSL Junga opines with respect to the original Vakalatnama of Smt. Chanjali Devi filed in RFA No.38 of 2019, the same be returned to the Registry of this Court.
The application stands disposed of.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Likhat Ram vs. Land Acquisition Collector, HPPWD and others RFA No.350 of 2015 28.02.2025 Present: Ms. Manjeet Kaur, Advocate, vice Mr. Naveen K. Bhardwaj, Advocate, for the proposed legal representatives of deceased appellant. Mr. Raj Kumar Negi, Additional Advocate General, for the respondents/State.
CMP No.24895 of 2024 The appeal (RFA), in the case at hand, was decided on 01.08.2018.
It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision is pending before the Hon'ble Apex Court.
No reply is intended to be filed on behalf of the non- applicants. The sole appellant, in the case at hand is stated to have expired on 05.05.2020. The same is evident from the Death Certificate (Annexure A-1) appended along with present application. From perusal of the Legal Heir Certificate (Annexure A-2) appended along with present application, it is evident that the deceased sole appellant is survived by his legal heirs detailed therein.
One of the legal heirs, i.e., Peer Chand, son of sole deceased appellant-Likhit Ram is also stated to have expired on 15.11.2021. The same is evident from the Death Certificate (Annexure A-3) appended along with present application.
Since the right to receive compensation, in the case at hand, has accrued upon the legal heirs of the aforesaid deceased appellant, therefore, the present application is allowed. The legal heris of sole deceased appellant and his deceased legal heir, namely Peer Chand, are ordered to be brought on record.
The application stands disposed of. Amended memo of parties filed with the application is taken on record. CMP No.24896 of 2024
The appeal (RFA), in the case at hand, was decided on 01.08.2018.
It is submitted by learned counsel appearing on behalf of the applicants that no further proceedings against the said decision is pending before the Hon'ble Apex Court.
No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case, the amount deposited in the Registry of this Court along with up-to- date interest accrued thereupon, is ordered to be released in favour of the applicants.
In view of aforesaid and for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along with proportionate interest accrued thereupon, is ordered to be released in favour of the applicants, as per their share, by remitting the same in their bank accounts, details whereof, have been furnished in Paragraphs-4 and 7 of the application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Avantika Sharma vs. Prateek Sharma
CMPMO No.60 of 2025
28.02.2025 Present: Mr. Vijay Kumar, Advocate, vice Mr. Ashok Kumar Tyagi, Advocate, for the petitioner.
Learned vice counsel appearing on behalf of the petitioner submits that the original counsel is unavailable today on account of personal difficulty and prays for an adjournment. Prayer not opposed. List after two weeks.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Kishan and others vs. Shiv Ram (since deceased) through LRs. and others RSA No.254 of 2022 28.02.2025 Present: Mr. Kuldeep Singh Chandel, Mr. Kamaljeet Sharma, Advocates, for the appellants.
Mr. Romesh Verma, Senior Advocate with Mr. Sumit Sharma, Advocate, for respondents No.1(a), 1(c) to 1(e), 2 & 3.
CMP No.399 of 2025 Further time prayed for filing reply. Let the needful be done within three weeks.
RSA No.254 of 2022
Record stands received. Learned counsel for the parties intend to go through the same. List for consideration after three weeks.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Lal Chand and others vs. Rattan Chand (deceased) through his LRs. and others CMPMO No.732 of 2024 28.02.2025 Present: Mr. Atharv Sharma, Advocate, for the petitioners.
Mr. K.D. Sood, Senior Advocate with Mr. Vivek Thakur, Advocate, for respondents No.1(a) & 2(a). Mr. Pradeep Kumar Sharma, Advocate, for respondent No.3.
Learned counsel for the petitioners submits that the objections in the application filed for bringing on record the legal heirs of deceased respondent No.2 (b)-Kamlesh Kumari have been removed today. If in order, list the application for consideration before this Court after one week.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Ajay Pal Singh vs. Mala Guleria
CMPMO No.706 of 2024
28.02.2025 Present: Mr. Kunal Thakur, Advocate, for the petitioner.
Mr. Nand Lal Thakur, Advocate, for the respondent. Power of attorney on behalf of the respondent is stated to have been filed.
At the joint request of learned counsel for the parties, list for consideration on 17.03.2025.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Narender Kumar vs. Nitin Chauhan
CMPMO No.682 of 2024
28.02.2025 Present: Ms. Saroj, Advocate, for the petitioner.
Ms. Sakshi Sharma, Advocate, for the respondent. CMP No.22836 of 2024 Reply, as prayed, be filed on or before the next date of hearing. List on 04.04.2025. Till then, interim order to continue.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
The Oxford Public School Education Society vs. Mahant Ram Mohan Dass RSA No.292 of 2024 28.02.2025 Present: Mr. Anirudh Sharma, Advocate, for the appellant.
Mr. Pranjal Munjal, Advocate, for the respondent. CMP No.24449 of 2024 Reply, as prayed, be filed within four weeks. List thereafter.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Tara Devi vs. Vikas Sharma and another RSA No.243 of 2024 28.02.2025 Present: Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate, for the appellant.
Mr. Praveen Chauhan, Advocate, vice Mr. Sanjay Prashar, Advocate, for respondent No.1.
None for respondent No.2.
Learned vice counsel appearing on behalf of respondent No.1 submits that the original counsel is unavailable today on account of personal difficulty and prays for an adjournment. Prayer not opposed. List on 24.03.2025.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Land Acquisition Collector, HPPWD and others vs. Shyam Lal and others RFA No.19 of 2024 28.02.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the appellants/State.
Mr. O.C. Sharma, Advocate, for respondents No.1 to 5. At the request of learned Additional Advocate General, the matter is adjourned in order to enable the appellants to prepare the case. List after three weeks.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Dinesh Kumar and another vs. Ajay Kumar RSA No.273 of 2023 28.02.2025 Present: Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate, for the appellants.
Mr. Rupinder Singh Thakur, Advocate, for the respondent. CMP No.2891 of 2025 For the reasons stated in the application, the same is allowed. The certified copy of the judgment and decree dated 28.10.2022 passed by the trial Court is taken on record. The same be placed at its appropriate place in the paper book.
The application stands disposed of.
RSA No.273 of 2023 Record stands received. Learned counsel for the parties intend to go through the same. List on 05.03.2025.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Rameshwar Dutt vs. Arun Patiyal and others RSA No.203 of 2022 28.02.2025 Present: Mr. Arthav, Advocate, vice Mr. Pranshul Sharma, Advocate, for the appellant.
None for respondents No.1 & 2.
Mr. Sudhir Thakur, Senior Advocate with Mr. Somesh Sharma, Advocate, for respondent No.3. Learned vice counsel appearing on behalf of the appellant submits that the original counsel is unavailable today on account of personal difficulty and prays for an adjournment. Prayer not opposed. List after four weeks.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
State of Himachal Pradesh and others vs. Baldev Raj and others RFA No.382 of 2009 28.02.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the appellants/State.
Mr. Mukesh Sharma, Advocate, vice Mr. Vijay Sharma, Advocate, for the respondents/applicants. CMP No.262 of 2025 The present application is dismissed as withdrawn with liberty to file a fresh application with better particulars. The application stands disposed of.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Managing Director, HPMC and another vs. Surender Singh and others CMP(M) No.201 of 2025 28.02.2025 Present: Mr. Rahul Gathania, Advocate, for the applicants-
appellants.
On taking steps within three days, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
February 28, 2025 (KS) Judge
Ram Lal vs. Kanta Devi (deceaed) through LR RSA No.430 of 2012 25.02.2025 Present: Mr. Vishwas Kaushal, Advocate, for the appellant.
Mr. Rakesh Kumar Thakur, Advocate, for respondent No.1(a).
Time prayed for filing fresh power of attorney on behalf of the appellant. Let the needful be done within three weeks. List thereafter.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
General Manager, Parbati Hydro Electric Project and another vs. Kishan Chand and another RFA No.825 of 2012 a/w RFA Nos.826 to 838, 928, 948 to 951 of 2012 RFA No.825 to 838 of 2012 25.02.2025 Present: Ms. Shreya Chauhan, Advocate, for the appellants, in all the appeals.
Mr. Sunil Mohan Goel, Senior Advocate with Mr. Raman Jamalta, Advocate, for the private respondents. Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
RFAs No. 928, 948 to 951/2012 Mr. Sunil Mohan Goel, Senior Advocate with Mr. Raman Jamalta, Advocate, for the appellants, in all the appeals. Ms. Shreya Chauhan, Advocate, for the respondents- Parbati Hydro Electric Project.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Learned counsel for the appellants seeks time to prepare the case at hand. Prayer not opposed. List for consideration on 22.03.2025.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
NTPC Ltd. vs. Subhash and others
CMP Nos.24765 & 24768 of 2024
in RFA No.391 of 2014
25.02.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant
Ranta, Advocate, for the appellant/non-applicant. Ms. Veena Sharma, Advocate, for the respondents/ applicants.
CMP No.24765 of 2024 No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection, if in case the legal heirs of deceased respondent No.16, namely Munshi, are brought on record as is being sought in the present application.
Respondent No.16, in terms of Death Certificate appended along with present application, has expired on 28.12.2010. From perusal of the Death Certificate, it is evident that deceased Munshi Ram is survived by his seven legal heirs, detailed therein. However, in terms of Will, his property has devolved upon two legal heirs, namely Premi Devi and Chet Ram, the present applicants.
Since the right to receive compensation, in the case at hand, has accrued upon the aforesaid two applicants, i.e., legal heirs of deceased respondent No.16, therefore, they are ordered to be brought on record.
The application stands disposed of. Amended memo of parties be filed within two weeks.
CMP No.24768 of 2024
No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection, if in case the -2- amount lying deposited in the Registry of this Court is ordered to be released along with proportionate interest in favour of the present applicants, namely Premi Devi and Chet Ram.
The appeal, in the case at hand, was dismissed vide judgment dated 06.04.2018. No further proceedings, in the case at hand, are pending before the Hon'ble Apex Court.
In view of the fact that the right to receive the compensation amount has accrued upon the present applicants, namely Premi Devi and Chet Ram, the present application is allowed. The amount lying deposited in the Registry of this Court along with proportionate interest accrued thereupon, is ordered to be released in favour of the applicants by remitting the same in their bank accounts, as per their shares, details whereof, have been furnished in Paragraph-8 of the application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
NTPC Limited vs. Sarla and others
Civil Revision No.30 of 2024
25.02.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for the petitioner.
Mr. Gambhir Singh, Advocate, for respondents No.1 to 6. Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.7/State.
Civil Revision No.30 of 2024 Admit.
Hearing be expedited.
List for hearing in the month of August, 2025. CMP No.2559 of 2024 Since the entire awarded amount along with interest accrued thereupon stands deposited in the Registry of this Court, interim order dated 14.03.2024 is made absolute. The application stands disposed of.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
NTPC Limited vs. Mahanti (deceased) through her LR. and another Civil Revision No.29 of 2024 25.02.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for the petitioner.
Mr. Gambhir Singh, Advocate, for legal representative of respondent No.1.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.2/State.
Civil Revision No.24 of 2024 Admit.
Hearing be expedited.
List for hearing in the month of August, 2025. CMP No.2536 of 2024 Since the entire awarded amount along with interest accrued thereupon stands deposited in the Registry of this Court, interim order dated 14.03.2024 is made absolute. The application stands disposed of.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
NTPC Limited vs. Chinta and others
Civil Revision No.27 of 2024
25.02.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Mr. Vedhant Ranta, Advocate, for the petitioner.
Mr. Gambhir Singh, Advocate, for respondents No.1 to 3. Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.4/State.
Civil Revision No.27 of 2024 Admit.
Hearing be expedited.
List for hearing in the month of August, 2025. CMP No.2529 of 2024 Since the entire awarded amount along with interest accrued thereupon stands deposited in the Registry of this Court, interim order dated 14.03.2024 is made absolute. The application stands disposed of.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
Yashoda Devi vs. Kaushalya Devi and others RSA No.198 of 2022 25.02.2025 Present: Mr. Virender Singh Kanwar, Advocate, for the appellant.
Mr. Ashok Kumar Verma, Advocate, for respondents No.1 to 3.
None for respondents No.4 and 5 to 7.
RSA No.198 of 2022 At the request of learned counsel for the appellant, list after four weeks.
CMP No.4704 of 2024
Reply stands filed on behalf of non-applicants/respondents No.1 to 3. No rejoinder is intended to be filed thereto on behalf of the applicant/appellant.
List along-with main matter after four weeks.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
Raj Kumar vs. The Kangra Central Co-operative Bank RSA No.118 of 2020 25.02.2025 Present: Mr. Shivam Sharma, Advocate, vice Mr. Gobind Korla, Advocate, for the appellant.
Mr. Rakesh Kumar Thakur, Advocate, for the respondent. At the request of learned vice counsel appearing on behalf of the appellant, list after ten days.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
Prem Chand and others vs. Jatinder Kumar Khullar and another RSA No.42 of 2013 25.02.2025 Present: Mr. R.K. Gautam, Senior Advocate with Mr. Jai Ram Sharma, Advocate, for the appellants.
Ms. Devyani Sharma, Senior Advocate with Mr. Basant Pal Thakur, Advocate, for the respondents. CMP No.2492 of 2025 Time prayed on behalf of the non-applicants to file reply. Let the needful be done within two weeks. List thereafter.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
Naresh Kumar vs. State of Himachal Pradesh Cr.MP(M) No.175 of 2025 25.02.2025 Present: Mr. K.S. Gill, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Learned Additional Advocate General seeks further time to file status report. Let the needful be done on or before the next date of hearing.
List on 13.03.2025.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
State of Himachal Pradesh and others vs. Tej Singh and another CMP(M) No.170 of 2025 25.02.2025 Present: Mr. Raj Kumar Negi, Additional Advocate General, for the applicants-appellants/State.
At the request of learned Additional Advocate General, list on 17.03.2025.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
Gurbhinder vs. State of Himachal Pradesh Cr.MP(M) No.81 of 2025 25.02.2025 Present: Mr. Ram Lal Verma, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Learned Additional Advocate General seeks further time to file status report. Let the needful be done on or before the next date of hearing.
List on 07.03.2025.
( Bipin C. Negi )
February 25, 2025 (KS) Judge
Chuhar Singh (deceased) through his LRs. vs. Milkha Singh (deceased) through his LRs. and another CMPMO No.33 of 2025 24.02.2025 Present: Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate, for the petitioners. Mr. Neeraj Gupta, Senior Advocate with Mr. Ajeet Pal Singh Jaswal, Advocate, for respondents No.1(a) to 1(g). CMPMO No.33 of 2025 Respondent No.2, though served, but there is no appearance on his behalf. Hence, he is proceeded against ex parte.
CMP No.1371 of 2025
Reply is stated to have been filed today itself. Copy, whereof, stands supplied to learned counsel for the petitioners.
List for consideration on 07.03.2025.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Col. Vikram Singh (deceased) through his LRs. vs. Shrikant Krishan and others RFA No.7 of 2025 24.02.2025 Present: Mr. Ajay Kumar Sood, Senior Advocate with Mr. Rahul, Advocate, for the appellants.
Mr. R.K. Gautam, Senior Advocate with Mr. Jai Ram Sharma, Advocate, for respondent No.1. Mr. Ajeet Pal Singh Jaswal, Advocate, for respondents No.2(a) to 2(d), 3 and 4.
CMP No.2044 of 2025 Reply, as prayed, be filed on or before the next date of hearing. List for consideration of the application, on 10.03.2025. RFA No.7 of 2025
Admit.
Hearing be expedited since the agreement to sell, of which, specific performance is sought, pertains to the year, 2007.
List for hearing in the month of May, 2025.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Joginder Singh vs. Kartar Singh
CMPMO No.479 of 2024
24.02.2025 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for the petitioner.
Mr. Arun Sehgal, Advocate, for the respondent. At the joint request of learned counsel for the parties, list on 13.03.2025.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Daulat Ram vs. Melo and another
RSA No.121 of 2024
24.02.2025 Present: Mr. Dheeraj K. Vashisht, Advocate, for the appellant.
Mr. Rahul Gathania, Advocate, vice Mr. Mukul Sood, Advocate, for the respondents.
Record stands received. Learned counsel for the parties intend to go through the same.
In view of the fact that the record stands received, filing of the copy of the trial Court judgment is dispensed with.
List after four weeks.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
State of Himachal Pradesh and others vs. Vikas Thakur RFA No.56 of 2024 24.02.2025 Present: Mr. Diwakar Dev Sharma, Additional Advocate General, for the appellants/State.
Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate, for the respondent.
Admit.
List along-with RFA No.33 of 2024.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Devi Singh vs. Subhash Chand
RSA No.27 of 2024
24.02.2025 Present: Ms. Mamta Bhatwan, Advocate, vice Mr. B.N. Sharma,
Advocate, for the appellant.
Mr. Maan Singh, Advocate, for the respondent. At the request of learned vice counsel appearing on behalf of the appellant, list on 20.03.2025.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Manmohan Singh @ Manmohan Kumar Sharma vs. Naresh Kumar and others RSA No.24 of 2024 24.02.2025 Present: Mr. Virender Thakur, Advocate, for the appellant.
Mr. Parv Sharma, Advocate, for respondents No.1, 2, 4 & 5. Respondent No.3 proceeded against ex parte vide order dated 27.12.2024.
At the joint request of learned counsel for the parties, list after three weeks.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Dev Raj vs. Durga Dass and others
RSA No.16 of 2024
24.02.2025 Present: Ms. Chetna Thapar, Advocate, vice Mr. Saurav Rattan,
Advocate, for the appellant.
Mr. Ajay Thakur, Advocate, vice Mr. Sunny Moudgill, Advocate, for respondent No.1.
None for respondents No.2 and 3.
CMP No.9351 of 2024 Time to file rejoinder is sought since 03.09.2024. However, the same has not been filed till date.
Let the rejoinder, as prayed, be positively filed within two weeks. It is made clear that if the rejoinder is not filed within two weeks, then the right to file rejoinder shall automatically stand closed.
List on 18.03.2024.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Veena and others vs. Skhika and others RSA No.9 of 2023 24.02.2025 Present: Mr. Ajay Thakur, Advocate, vice Mr. Sunny Modgil, Advocate, for the appellants.
Mr. Abhishek Nagta, Advocate, vice Mr. Pramod Singh Thakur, Advocate, for respondents No.1, 2 and 3. Mr. Mohar Sigh, Advocate, for respondent No.4. None for respondents No.5 & 6.
Record stands received. Learned counsel for the parties intend to go through the same.
List on 18.03.2025.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Bihari Lal (since deceased) through his LRs. vs. Khushi Ram and another RSA No.358 of 2022 24.02.2025 Present: Mr. Rajesh Mandhotra, Advocate, for the appellant.
None for the respondents.
Records be called for.
List on 21.04.2025.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Munish Kumar vs. State of Himachal Pradesh Cr.MP(M) No.189 of 2025 24.02.2025 Present: Mr. Ajay Sharma, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 27.03.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Khushi Ram vs. State of Himachal Pradesh Cr.MP(M) No.318 of 2025 24.02.2025 Present: Ms. Suman Thakur, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 26.03.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Arvind Kumar vs. State of Himachal Pradesh Cr.MP(M) No.316 of 2025 24.02.2025 Present: Mr. Sarthak Mehta and Mr. Prashant Chauhan, Advocates, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 25.03.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Ritesh Kumar vs. State of Himachal Pradesh Cr.MP(M) No.315 of 2025 24.02.2025 Present: Mr. Sarthak Mehta and Mr. Prashant Chauhan, Advocates, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 25.03.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Sahil Thakur vs. State of Himachal Pradesh Cr.MP(M) No.242 of 2025 24.02.2025 Present: Mr. Vijay Panchta, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 27.03.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Narinder vs. State of Himachal Pradesh Cr.MP(M) No.265 of 2025 24.02.2025 Present: Mr. Karan Singh, Advocate, vice Mr. Manoj Pathak, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 27.03.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Naval vs. State of Himachal Pradesh
Cr.MP(M) No.186 of 2025
24.02.2025 Present: Mr. Karan Singh, Advocate, vice Mr. Manoj Pathak,
Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 26.03.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Land Acquisition Collector and another vs. Bhola Ram (deceased) through his LRs.
CMP No.2471 of 2025 in RFA No.134 of 2019 24.02.2025 Present: Mr. Yashveer Singh Rathore, Advocate, for the appellants-
non applicants.
Mr. Vaibhav Kanwar, Advocate, for the respondents No.2 & 3/applicants.
Mr. R.S. Verma, Additional Advocate General, for the respondents/non-applicants/State.
Learned counsel for the non-applicants seeks time to have instructions. List after ten days.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Land Acquisition Collector and another vs. Bhola Ram (deceased) through his LRs.
CMP No.2471 of 2025 in RFA No.134 of 2019 24.02.2025 Present: Mr. Yashveer Singh Rathore, Advocate, for the appellants-
non applicants.
Mr. Vaibhav Kanwar, Advocate, for the respondents No.2 & 3/applicants.
Mr. R.S. Verma, Additional Advocate General, for the respondents/non-applicants/State.
Learned counsel for the non-applicants seeks time to have instructions. List after ten days.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
The Land Acquisition Collector and others vs. Rattan Lal and another CMP(M) Nos.167 of 2025 & 166 of 2025 in RFA No.56 of 2018 24.02.2025 Present: Mr. R.S. Verma, Additional Advocate General, for the appellants-non-applicants/State.
Mr. Rakesh Thakur, Advocate, for the respondents- applicants.
Reply be filed within four weeks. List thereafter.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Jeet Bahadur vs. State of Himachal Pradesh Cr. MP(M) No.110 of 2025 24.02.2025 Present: Mr. Karan Kapoor, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Learned Additional Advocate General seeks time to file status report. Let the needful be done on or before the next date of hearing.
List on 25.03.2025.
( Bipin C. Negi )
February 24, 2025 (KS) Judge
Gaurav Sharma and others vs. State of HP and others Cr.MMO No.1267 of 2024 10.01.2025 Present: Mr. Ajay Singh Rana, Advocate, for the petitioners.
Mr. R.S. Verma, Additional Advocate General, for respondent No.1/State.
Respondents No.2 to 4 are served, but none has entered appearance on their behalf.
List on 17.03.2025.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Kapil Shankar vs. Som Nath alias Swami Nath Shankar and others Cr.MMO No.1156 of 2024 10.01.2025 Present: Mr. Panku Chaudhary, Advocate, vice Mr. Khem Raj, Advocate, for the petitioner.
At the request of learned vice counsel appearing on behalf of the petitioner, list the matter for consideration after ensuing winter vacation in the first week of March, 2025.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Parwati Thakur vs. Dine Ram
Cr.MMO No.863 of 2024
10.01.2025 Present: Mr. Karan Singh Kanwar, Advocate, for the petitioner.
Cr.MMO No.863 of 2024
On taking steps within three days, let notice be issued to the respondent, returnable for 06.03.2025. Cr.MP No.3652/2024
From perusal of the order-sheets appended along with present application, it is evident that the matter is now ordered to be listed on 17.02.2025 for recording of statement of the accused under Section 313 of the Code of Criminal Procedure.
In this regard, it is ordered that statement of accused under Section 313 of the Code of Criminal Procedure may be recorded, but no final order/judgment shall be passed by the trial Court during the pendency of the present petition.
Application stands disposed of.
Cr.MP No.3653/2024 Allowed and the applicant is exempted from filing complete typed English translation of the documents, in question, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi ) January 10, 2025 (KS) Judge Prashant Chauhan vs. Baldev Singh Criminal Revision No.439 of 2023 10.01.2025 Present: Mr. Y.P. Sood, Advocate, for the petitioner.
Ms. Preetika Thakur, Advocate, vice Mr. Sarthak Mehta, Advocate, for the respondent.
In pursuance to order dated 31.12.2024, compliance report stands filed. From perusal of the compliance report, it is evident that non bailable warrants have been issued against the present petitioner/accused, in the case at hand, returnable for 06.02.2025.
In view thereof, list the matter after ensuing winter vacation in the fourth week of March, 2025 for placing on record the compliance of the non bailable warrants.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Balak Ram vs. Hem Raj Thakur and another Criminal Revision No.311 of 2023 10.01.2025 Present: Mr. J.S. Bagga, Advocate, for the petitioner.
Ms. Tim Saran, Advocate, for respondent No.1. Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
In terms of judgment dated 09.12.2024, the compounding fee, in the case at hand to the tune of Rs.37,500/- (15% of the cheque amount) stands deposited by the petitioner before the Himachal Pradesh State Legal Services Authority, Shimla, on 09.01.2025. In this respect, a receipt has been shown to the Court. The same is seen and returned to the counsel for the petitioner. Copy of the same is taken on record.
In view thereof, present proceedings are closed.
( Bipin C. Negi ) January 10, 2025 (KS) Judge Arun Kumar vs. Anoop Chauhan Criminal Revision No.530 of 2022 10.01.2025 Present: Ms. Simran and Ms. Kusum Chaudhary, Advocates, for the petitioner/non-applicant.
Mr. P.M. Negi, Advocate, for the respondent/applicant. Cr.MP No.3709/2024 Though, no reply has been filed on behalf of the non- applicant, learned counsel appearing on behalf of the non applicant submits that only amount lying deposited in the Registry of this Court be released in favour of the applicant.
Keepping in view the aforesaid submission and for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along with up- to-date interest accrued thereupon, is ordered to be released in favour of the applicant by remitting the same in his bank account, details whereof, have been furnished in Paragraph-3 of the application, subject to proper verification.
However, it is made clear that no order has been passed in favour of the applicant permitting him to make an application for release of the amount deposited before the trial Court.
The application stands disposed of.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Punit Sharma vs. Nand Lal (since deceased) through LRs. and others a/w connected matter CMPMO No.86 of 2020 a/w CMPMO No.260 of 2021 CMPMO No.86 of 2020 10.01.2025 Present: Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for the petitioner.
Respondents No.1, 8 and 10 are stated to have died. Ms. Kusum Chaudhary, Advocate, for respondents No.2 to 7, 9 and for proposed legal representatives No.1(i) to 1(iii) of deceased respondent No.1.
Mr. Sumit Sharma, Advocate, vice Mr. B.C. Verma, Advocate, for respondent No.6.
CMPMO No.260 of 2021 Mr. Sumit Sharma, Advocate, vice Mr. B.C. Verma, Advocate, for the petitioners.
Ms. Kusum Chaudhary, Advocate, for respondents No.3, 4(b), 5(a) & 5(c).
Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for respondent No.9.
Respondents No.2 and 4(a) stated to have expired. CMPMO No.260/2021 & CMPMO No.86/2020 Further time prayed for taking consequential steps for bringing on record the legal heirs of deceased respondents No.2 and 4(a) Let the needful be done within four weeks. CMP No.26326/2024 in CMPMO No.260/2021 By virtue of present application, the factum of death of respondent No.2 is sought to be brought on record. The same has already been noticed previously by this Court and steps for bringing on record the legal heirs of deceased respondent No.2 have been sought to be taken. In view thereof, present application stands disposed of.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Vijay Kumar Karwa and another vs. M/s Ruchira Paper Ltd. and another Criminal Revision No.4083 of 2013 10.01.2025 Present: Mr. Abhishek Verma, Advocate, vice Mr. Amar Deep Singh, Advocate, for petitioner No.2.
Petitioner No.1 is stated to have expired. Mr. K.D. Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for respondents No.1.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
In pursuance to previous order dated 12.12.2024, Death Certificate of deceased petitioner No.1-Vijay Kumar Karwa has been placed on record.
From perusal of the same, it is evident that petitioner No.1- Vijay Kumar Karwa had died on 26.05.2024. Other than the aforesaid, the Senior Superintendent of Police, Patna (Bihar) has informed that deceased petitioner No.1-Vijay Kumar Karwa is survived by his legal heir, one Vivek Kumar Karwa.
In view of aforesaid, legal heir of deceased petitioner-Vijay Kumar Karwa, i.e., Vivek Kumar Karwa, is impleaded as petitioner.
On taking steps within three days, issue notice to the newly added petitioner, i.e., Vivek Kumar Karwa, returnable within four weeks. Notice be issued on the address of deceased petitioner -Vijay Kumar Karwa.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Hira Singh vs. State of Himachal Pradesh and another Cr.MMO No.1065 of 2024 10.01.2025 Present: Mr. Subhash Mohan Snehi and Ms. Niranjana, Advocates, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Cr.MMO No.1065/2024 & Cr.MP No.284/2025 FIR, in the case at hand, has been registered against the present petitioner under Sections 420, 467, 468, 471 of the Indian Penal Code, on 19.11.2022. The allegation against the petitioner is that way back in the year, 1984, he had secured appointment in the Indian Army on the basis of forged documents.
From perusal of copy of letter dated 19.06.2023 appended along with present petition as Annexure P-9, it is evident that the concerned branch of the Indian Army has issued the same clarifying therein that the petitioner/applicant, in the case at hand, was enrolled in the Indian Army with valid documents and had served the Army with full dedication for seventeen years.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1/State. He prays for and is granted four weeks' time to file reply/status report. On taking steps within three days, let notice be issued to respondent No.2, returnable within four weeks.
Taking into account the aforesaid, in the meanwhile, further proceedings in case bearing Registration No.32/2024 (CNRNo.HPKU 020023512024), titled State of H.P. vs. Hira Singh, pending before learned Chief Judicial Magistrate, Lahaul & Spiti at Keylong, Himachal Pradesh, shall remain stayed.
List after four weeks. Reply, if any, on behalf of respondent No.1/State be filed on or before the next date of hearing.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Jeet Bahadur vs. State of Himachal Pradesh. Cr.MP(M) No.110 of 2025 10.01.2025 Present: Mr. Karan Kapoor and Mr. Nitish, Advocates, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 14.02.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Devi Saran vs. Sauju Ram(deceased) through LRs.
Cr.MP No.283 of 2025 in Cr. Revision No.270 of 2024 10.01.2025 Present: Mr. R.S. Chandel, Advocate, for the petitioner/applicant. Cr.MP No.283 of 2025
Vide judgment dated 09.12.2024 passed in Crminal Revision No.270 of 2024, an offence punishable under Section 138 of the Negotiable Instruments Act, insofar as the applicant is concerned, was compounded. While compounding the offence in terms of judgment passed by the Hon'ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. 2010(5) SCC 663, the petitioner was required to pay 15% of the cheque amount as compounding fee. The said amount was to be paid to the H.P. State Legal Services Authroity, Shimla within eight weeks from the date of passing of the judgment.
The present application has been filed invoking inherrent powers of this Court to modify the aforesaid judgment to the extent that the compounding fee, i.e., 15% of the cheque amount, which was required to be paid by the petitioner, be reduced to 5% to securing the ends of justice.
By virtue of present application, taking into account the financial condition of the present applicant/petitioner, the compounding fee, in the case at hand, is reduced to 5% of the cheque amount. The same be paid to the H.P. State Legal Services Authority, Kusumpati, Shimla-9, H.P., within a period of four weeks from today.
Report qua deposit of 5% of the cheque amount with HP State Legal Services Authority be sought from the concerned authority on or before 04.02.2025, the date already fixed. In the meanwhile, petitioner is also free to place copy of receipt qua payment made to the HP State Legal Services Authority.
Application stands disposed of.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Roshan Lal vs. Bhim Dev
Cr. Revision No.64 of 2024
10.01.2025 Present: Mr. Lal Singh Mehta, Advocate, for the petitioner/non-
applicant.
Mr. Vishal Singh Thakur, Advocate, for the respondent/ applicant.
Cr.MP No.280 of 2025 The present application has been filed in furtherance of judgment dated 08.01.2025, passed in Criminal Revision No.64 of 2024.
No reply is intended to be filed on behalf of the non- applicant. The non-applicant has no objection, if in case, the amount deposited in the Registry of this Court along with up-to- date interest accrued thereupon, is ordered to be released in favour of the applicant.
In view of aforesaid and for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along with up-to-date interest accrued thereupon, is ordered to be released in favour of the applicant by remitting the same in his bank account, details whereof, have been furnished in Paragraph-8 of the application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Sita Ram vs. Baldev Chand
Cr. Revision No.797 of 2024
10.01.2025 Present: Mr. G.R. Palsra, Advocate, for the petitioner.
Cr.MP No.270 of 2025
Notice, in the case at hand, has been issued to the sole respondent, returnable for 24.2.2025.
For the reasons stated in the application, the same is allowed. Time for complying with order dated 09.12.2024 is extended by four weeks from today. Application stands disposed of.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Prakash Chand vs. Baldev Chand
Cr. Revision No.796 of 2024
10.01.2025 Present: Mr. G.R. Palsra, Advocate, for the petitioner.
Cr.MP No.269 of 2025
Notice, in the case at hand, has been issued to the sole respondent, returnable for 27.2.2025.
For the reasons stated in the application, the same is allowed. Time for complying with order dated 09.12.2024 is extended by four weeks from today. Application stands disposed of.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Nayaz Mohd. vs. The H.P. State Cooperative Agriculture & Rural Development Bank Cr.MP No.265 of 2025 in Cr. Revision No.688 of 2022 10.01.2025 Present: Mr. Dheeraj K. Vashisht, Advocate, for the petitioner/non-
applicant.
Mr. Narender Singh Thakur, Advocate, for respondent No.1/ applicant.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State/non-applicant. Cr.MP No.265 of 2025 The present application has been filed in furtherance of judgment dated 20.12.2024, passed in Criminal Revision No.688 of 2022.
No reply is intended to be filed on behalf of the non- applicants. The non-applicant has no objection, if in case, the amount deposited in the Registry of this Court along with up-to- date interest accrued thereupon, is ordered to be released in favour of the applicant.
In view of aforesaid and for the reasons stated in the application, the same is allowed. The amount lying deposited in the Registry of this Court along with up-to-date interest accrued thereupon, is ordered to be released in favour of the applicant by remitting the same in his bank account, details whereof, have been furnished in Paragraph-4 of the application, subject to proper verification. The application stands disposed of.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Harbans Chaudhary vs. State of Himachal Pradesh Cr. MP(M) No.111 of 2025 10.01.2025 Present: Mr. Sanjeev Kumar Suri, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 10.02.2025, on which date, respondent/State shall file Status report.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Dhan Bahadur vs. State of Himachal Pradesh Cr. MP(M) No.107 of 2025 10.01.2025 Present: Mr. K.S. Gill, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 27.01.2025, on which date, respondent/State shall file Status report.
In the bail petition, documents with respect to the medical condition of the bail petition have been placed on record. In the status report, the medical condition of the bail petitioner be appropriately dealt with.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Prem Singh vs. Duni Chand
Cr. Revision No.791 of 2024
10.01.2025 Present: Mr. Bonit Thakur, Advocate, for the petitioner.
Ms. Babita Chauhan, Advocate, for the respondent. Vide judgment dated 04.12.2024, the present petition has been disposed of and the judgment of conviction and order of sentence passed by the trial Court and upheld by the appellate Court, have been quashed and set aside, subject to deposit of 15% of the cheque amount by the petitioner, as compounding fee in terms of judgment passed by the Hon'ble Apex Court in Damodar S. Prabhu vs. Sayed Babalal H. 2010(5) SCC 663. The said amount was to be paid to the H.P. State Legal Services Authroity, Shimla within four weeks from the date of passing of the judgment. However, the said amount has not been deposited till date.
Learned counsel for the petitioner seeks further time to deposit 15% of the cheque amount.
Let the needful be done within four weeks. It is made clear that no further time shall be granted to the petitioner for depositing the aforesaid amount.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Raj Kumari and another vs. Bimla Devi and others CMPMO No.299 of 2017 10.01.2025 Present: Mr. Mohit Thakur, Advocate, for the petitioners.
Mr. H.R. Jhingta, Advocate, for respondents No.12 to 17. Respondents No.9 & 10 stated to have expired. On filing correct address(es) of respondents No.7 & 8 within a week, let notice be issued to them, returnable within four weeks.
( Bipin C. Negi )
January 10, 2025 (KS) Judge
Kamla Devi vs. Golf Link Finance & Resorts Pvt. Ltd. Cr. Revision No.640 of 2024 09.01.2025 Present: Mr. Yashav Kumar, Advocate, vice Mr. Jagat Pal, Advocate, for the petitioner.
Ms. Seema K. Guleria, Advocate, for the respondent. Learned counsel for the petitioner submits that order dated 30.08.2024 stands complied with as requisite compensation amount directed therein stands deposited and the bail bonds stand furnished to the satisfaction of learned Trial Court.
As prayed, list the matter after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Meena Sharma vs. Viket Khachi a/w connected matter Cr. Appeal No.617 of 2024 a/w Cr. Appeal No.356 of 2024 09.01.2025 Present: Mr. Ashir Kaith, Advocate, vice Mr. Hamender Singh Chandel, Advocate, for the appellant, in both the appeals. Mr. Sative Chauhan, Advocate, for the respondent, in both the appeals.
Further time prayed for on behalf of learned counsel for the parties to go through the record.
As prayed, list the matter after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Vivek Sood vs. Amarjeet Singh and another Cr. Appeal No.606 of 2024 09.01.2025 Present: Mr. Ajay Sharma, Advocate, for the appellant.
Let fresh steps for the service of the respondents be taken within three days. On taking such steps, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Krishna Devi vs. State of Himachal Pradesh Cr. Appeal No.577 of 2024 09.01.2025 Present: Mr. Naveen Kumar, Advocate, for the appellant.
Mr. Manish Thakur, Deputy Advocate General, for the respondents/State.
List the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
M/s Himachal Traders through its proprietor Chander Mohan vs. M/s Lakshay Traders Cr. Revision No.475 of 2024 09.01.2025 Present: Mr. Parav Sharma, Advocate, for the petitioner.
Mr. Yashav Kumar, Advocate, vice Mr. Jagat Pal, Advocate, for the respondent.
Record stands received. Learned counsel for the parties intend to go through the same.
List the matter after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Sanju vs. Suresh Kumar Khera
Cr. Revision No.244 of 2023
09.01.2025 Present: Mr. Surya Chauhan, Advocate, for the petitioner.
Ms. Suchitra Sen, Advocate, for the respondent. Learned counsel for the parties jointly submit that a sum of Rs.5,000/- has been paid by the petitioner to the respondent in discharge of liability qua the compensation amount fixed in the case at hand. It is submitted by the learned counsel for the petitioner that a balance sum of Rs.15,000/- shall be paid to the respondent on or before the next date of hearing.
List the matter on 03.03.2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Sukhvinder Singh and another vs. State of HP and another Cr.MMO No.379 of 2024 09.01.2025 Present: Mr. Surya Chauhan, Advocate, for the petitioners.
Mr. Manish Thakur, Deputy Advocate General, for respondent No.1/State.
Mr. Anshul Jairath, Advocate, for respondent No.2. Further time prayed to file reply on behalf of respondent No.2.
Reply, as prayed, be filed within four weeks. Rejoinder thereto, if any, be filed on or before the next date of hearing.
List the matter after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Procter & Gamble Hygiene and Health Care Ltd. vs. State of HP and others Cr.MMO No.266 of 2024 09.01.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Shradha Karol, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 & 2/State.
Mr. Ashok Sharma, Senior Advocate with Mr. Jeevesh Mehta, Mr. Nihit Dalmia, Ms. Bhavna Sharma and Ms. Anubhuti Sharma, Advocates, for the respondent. List on 05.03.2025.
Interim order to continue.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
M/s Kishori Lal and another vs. Shashi Sharma Civil Revision No.170 of 2024 09.01.2025 Present: Mr. Ashok Kumar Sood, Senior Advocate with Mr. Rajat, Advocate, for the petitioners.
Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the respondent. In pursuance to the proposal filed by the petitioners on the previous date of hearing, learned Senior Counsel appearing on behalf of the respondent seeks time to have instructions qua the same.
List on 04.03.2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Kirpi and others vs. Shiv Ram and others CMPMO No.130 of 2024 09.01.2025 Present: Ms. Seema K. Guleria, Advocate, for the petitioners.
Mr. J.N. Kenan, Advocate, vice Mr. Tek Chand Sharma, Advocate, for the respondents.
At the joint request of learned counsel for the parties, list the matter after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
M/s Brijeshwari Apple Agency BAA Fruit Company and another vs. Ajeet Singh Cr. Revision No.51 of 2024 09.01.2025 Present: Mr. Jagmohan Singh Chandel, Advocate, for the petitioner.
Mr. K.B. Khajuria, Advocate, for the respondent. According to learned counsel for the petitioner, approximately a sum of Rs.50,000/- stands deposited against the compensation of Rs.97,000/-, which has been awarded by the Court below.
In the aforesaid circumstances, learned counsel for the petitioner seeks further time to deposit the balance compensation amount.
Let the needful be done on or before the next date of hearing. List the matter after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
State of Himachal Pradesh vs. Kishore Cr. Appeal No.252 of 2023 09.01.2025 Present: Mr. Manish Thakur, Deputy Advocate General, for the appellant/State.
Mr. Tijender Singh, Advocate, for the respondent. List for hearing in due course.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Roshan Lal vs. State of Himachal Pradesh and another Cr.MMO No.1269 of 2022 09.01.2025 Present: Mr. D.S. Kainthla, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for respondent No.1/State.
Mr. Jia Lal Thakur, Advocate, for the legal representative of deceased respondent No.2, who is stated to have expired.
Cr.MP No.1680/2024 No reply is intended to be filed on behalf of the non- applicants.
For the reasons stated in the application, the same is allowed. Legal heir (Smt. Bholu), i.e., wife of deceased respondent No.2-Ram Lal, is ordered to be brought on record. Application stands disposed of. Amended memo of parties filed with the present application is taken on record. Cr.MMO No.1269/2022
List the matter after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Kewal Krishan Indoria vs. State of Himachal Pradesh Cr.MMO No.917 of 2022 09.01.2025 Present: Ms Swati Sharma, Advocate, vice Mr. Vivek Sharma, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for respondent No.1/State.
At the request of learned vice counsel appearing on behalf of the petitioner, list the matter after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
State of Himachal Pradesh vs. Geeta Singh a/w connected matter Cr.MMO No.54 of 2021 a/w Cr.MMO No.459 of 2022 Cr.MMO No.54 of 2021 09.01.2025 Present: Mr. Manish Thakur, Deputy Advocate General, for the petitioner/State.
Mr. Vishwa Bhushan, Advocate, for the respondent (since deceased).
Cr.MMO No.459 of 2022 Mr. Ankush Dass Sood, Senior Advocate with Mr. Rajneesh K. Lal, Advocate, for the petitioner. Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 to 3/State.
Mr. Vishwa Bhushan, Advocate, respondent No.4 (since deceased).
At the joint request of learned counsel for the parties, list on 04.03.2025.
( Bipin C. Negi )
January 09, 2025 (KS) Judge
Hari Om and another vs. State of HP
Cr.MMO No.1143 of 2024
08.01.2025 Present: Mr. Rohit, Advocate, for the petitioners.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
At the request of learned counsel for the petitioners, list the matter after ensuing winter vacation in the third week of March, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Sunil Kumar Panta vs. Vijay Singh Khurana Cr.MP No.97 of 2025 in Cr. Revision No.1 of 2022 08.01.2025 Present: Mr. I.S. Chandel, Advocate, for the applicant/petitioner.
Mr. D.S. Nainta, Advocate, for the respondent/non- applicant.
Cr.MP No.97/2025 Learned counsel appearing on behalf of the respondent does not intend to file any reply to the present application, as he admits the liability of the respondent to pay a sum of Rs.2,00,000/- with interest accrued thereupon from 14.02.2023, i.e., the date of deposit of the aforesaid amount as interim compensation by the non/applicant in the Registry of this Court, to the applicant.
Learned counsel for the respondent submits that the aforesaid amount shall be deposited within eight weeks from today.
List the matter for compliance after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Sunil Kumar Panta vs. Vijay Singh Khurana Cr.MP No.97 of 2025 in Cr. Revision No.1 of 2022 08.01.2025 Present: Mr. I.S. Chandel, Advocate, for the applicant/petitioner.
Mr. D.S. Nainta, Advocate, for the respondent/non- applicant.
Cr.MP No.97/2025 Learned counsel appearing on behalf of the respondent does not intend to file any reply to the present application, as he admits the liability of the respondent to pay a sum of Rs.2,00,000/- with interest accrued thereupon from 14.02.2023, i.e., the date of deposit of the aforesaid amount as interim compensation by the non/applicant in the Registry of this Court, to the applicant.
Learned counsel for the respondent submits that the aforesaid amount shall be deposited within eight weeks from today.
List the matter for compliance after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Kamal Sharma vs. Mohan Lal and another Cr. Revision No.183 of 2024 08.01.2025 Present: Mr. Imran Khan, Advocate, for the petitioner.
Mr. Dibender Ghosh and Mr. Ashwani Negi, Advocates, for respondent No.1.
Mr. R.S. Verma, Additional Advocate General, for respondent No.2/State.
Cr.MP No.96/2025 The present application shall be considered after the applicant deposits the balance compensation amount, i.e., Rs.36,000/- in the Registry of this Court.
List the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Devi Saran vs. Sauju Ram (deceased) through LR Hans Raj Cr.MP No.5415 of 2024 in Cr. Revision No.270 of 2024 08.01.2025 Present: Mr. R.S. Chandel, Advocate, for the petitioner. Cr.MP No.5415/2024
Learned counsel for the petitioner seeks permission to withdraw the present application. Permission granted. Accordingly, present application is dismissed, as withdrawn.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Surinder Verma vs. State of Himachal Pradesh Cr.MP(M) No.2889 of 2024 08.01.2025 Present: Ms. Diksha Chauhan, Advocate, vice Ms. Anu Tuli, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
ASI Tej Singh, I/O Police Station, New Shimla, District Shimla, Himachal Pradesh, is present along with record. Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration, on 14.01.2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Parbhat Kumar vs. State of Himachal Pradesh a/w connected matter Cr.MP(M) No.2886 of 2024 a/w Cr.MP(M) No.2872 of 2024 08.01.2025 Present: Mr. Bhairav Gupta, Advocate, for the petitioner(s).
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
ASI Raju Dhiman, I/O Police Station, Kihar, District Chamba, Himachal Pradesh, is present along with record. Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration, on 13.01.2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Rakesh Kumar vs. State of Himachal Pradesh Cr.MP(M) No.2761 of 2024 08.01.2025 Present: Mr. Vipin Pandit, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Ms. Suchitra Sen, Advocate, for the complainant. ASI Dharampal, Police Station, Baddi, District Solan, Himachal Pradesh, is present along with record. Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the parties, who intend to go through the same.
Learned counsel for the petitioner submits that he has moved an application for placing on record certain documents. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing, post removal of objection(s), if any.
List on 13.01.2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Dalip Kumar vs. Dharam Pal and another Cr.MP(M) No.2694 of 2024 08.01.2025 Present: Mr. Mehar Chand, Advocate, for the applicant/appellant.
Mr. Vijay Singh Thakur, Advocate, for respondent No.1. Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP(M) No.2694/2024 From perusal of the grounds of appeal, it is evident that there exists an arguable case in favour of the present applicant. In view thereof and for the reasons stated in the application, the same is allowed. Leave to appeal is granted. The application stands disposed of.
Cr. Appeal No._______/2025 Be registered.
Records be called for.
List the matter after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Dalip Kumar vs. Dharam Pal and another Cr.MP(M) No.2693 of 2024 08.01.2025 Present: Mr. Mehar Chand, Advocate, for the applicant/appellant.
Mr. Vijay Singh Thakur, Advocate, for respondent No.1. Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP(M) No.2693/2024 From perusal of the grounds of appeal, it is evident that there exists an arguable case in favour of the present applicant. In view thereof and for the reasons stated in the application, the same is allowed. Leave to appeal is granted. The application stands disposed of.
Cr. Appeal No._______/2025 Be registered.
Records be called for.
List the matter after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Keshav Kumai vs. State of HP
Cr.MP(M) No.2616 of 2024
08.01.2025 Present: Mr. C.D. Negi, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
At the request of learned counsel for the petitioner, list on 13.01.2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Sandeep Kumar vs. Surinder Singh
Cr.MP(M) No.2510 of 2024
08.01.2025 Present: Mr. Divya Raj Singh, Advocate, for the applicant/ appellant.
Mr. Abhishek, Advocate, for the respondent/non-applicant. Cr.MP(M) No.2510 of 2024 No reply is intended to be filed on behalf of the non- applicant/respondent.
From the reasons and sufficient cause shown in the application, it is evident that the applicant was due diligently, bona fidely, pursuing remedies available to him under law. No inaction is attributable to the applicant on account of the explanation offered in the application for getting the delay of 17 days in filing the appeal condoned.
Other than the aforesaid, in the interest of justice, delay of 17 days in filing the present criminal appeal is condoned. Application stands disposed of.
Cr. Appeal No._______/2025 Be registered.
Records be called for.
List the matter after ensuing winter vacation in the month of April, 2025. In the meanwhile, power of attorney on behalf of the respondent be filed.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Rangila Ram vs. State of HP
Cr.MP No.1454 of 2024 in Cr.MP(M) No.141 of 2024 08.01.2025 Present: Mr. Devender K. Sharma, Advocate, for the non-applicant/ petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Ms. Chetna Thakur, Advocate, for the applicant/ complainant.
ASI Chaman Lal, I/O Police Station, Sarkaghat, District Mandi, Himachal Pradesh, is present along with record. Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the parties, who intend to go through the same.
Learned counsel for the non-applicant/petitioner seeks time to place on record certain documents. Let the needful be done on or before the next date of hearing.
List the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Rohit Kumar and others vs. Nurma
CMPMO No.643 of 2024
08.01.2025 Present: Mr. Vinod Sharma and Ms. Mamta Bhatwan, Advocates,
for the petitioners.
Mr. Rajesh Kumar Parmar, Advocate, for the respondent. Learned counsel for the parties jointly submit that the arrears of maintenance, as on date, is approximately Rs.70,000/-. Learned counsel for the petitioners submits that the aforesaid amount shall be paid to the respondent within a month from today.
List the matter after ensuing winter vacation in the third week of March, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Dinesh Kumar vs. R.K. Enterprises
Criminal Revision No.606 of 2024
08.01.2025 Present: Mr. Bonit Thakur, Advocate, for the petitioner.
In terms of judgment dated 02.12.2024, the compounding fee, in the case at hand to the tune of Rs.9,777/- (15% of the cheque amount) stands deposited by the petitioner before the Himachal Pradesh State Legal Services Authority, Shimla, on 06.01.2025. In this respect, a receipt has been shown to the Court. The same is seen and returned to the counsel for the petitioner.
In view thereof, present proceedings are closed.
( Bipin C. Negi ) January 08, 2025 (KS) Judge Sudershan Kumar vs. State of HP Criminal Appeal No.216 of 2024 08.01.2025 Present: Ms. Tamanna, Advocate, vice Mr. Arush Matlotia, Advocate, for the appellant.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Cr.MP No.1681/2024 Further time prayed for removing the objections in the rejoinder filed by the applicant.
Let the needful be done on or before the next date of hearing.
List the matter for consideration after ensuing winter vacation in the first week of March, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Parkash Chand vs. Hardyal Singh and others CMPMO No.45 of 2024 08.01.2025 Present: Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Gaurav Sharma, Advocate, for respondents No.1 to 6. CMP No.1270/2024 Reply, as prayed, be filed on or before the next date of hearing.
List the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 08, 2025 (KS) Judge
Naresh Rana vs. State of HP and others Cr.MMO No.852 of 2024 07.01.2025 Present: Mr. Ashir Kaith, Advocate, vice Mr. Hamender Singh Chandel, Advocate, for the petitioner. Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 & 2/State.
Mr. H.M. Thakur, Advocate, vice Mr. Rahil Mahajan, Advocate, for respondents No.3.
Reply on behalf of respondents No.1 & 2, as prayed, be filed within four weeks. Rejoinder, if any, be filed on or before the next date of hearing.
List for consideration after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Naresh Rana vs. State of HP and others Cr.MMO No.852 of 2024 07.01.2025 Present: Mr. Ashir Kaith, Advocate, vice Mr. Hamender Singh Chandel, Advocate, for the petitioner. Mr. Manish Thakur, Deputy Advocate General, for respondents No.1 & 2/State.
Mr. H.M. Thakur, Advocate, vice Mr. Rahil Mahajan, Advocate, for respondents No.3.
Reply on behalf of respondents No.1 & 2, as prayed, be filed within four weeks. Rejoinder, if any, be filed on or before the next date of hearing.
List for consideration after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Dila Ram vs. Chamkali Devi
Criminal Revision No.783 of 2024
07.01.2025 Present: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma,
Advocate, for the petitioner.
Mr. Rajneesh Maniktala, Senior Advocate with
Ms Bhushree Jai, Advocate, for the respondent. Order dated 02.12.2024 stands complied with as requisite compensation amount stands deposited and bail bonds stand furnished to the satisfaction of learned Trial Court.
Record stands received. Learned counsel for the parties intend to go through the same.
List on 10.04.2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Dila Ram vs. Bimla Devi
Criminal Revision No.781 of 2024
07.01.2025 Present: Mr. G.D. Verma, Senior Advocate with Mr. Sumit Sharma,
Advocate, for the petitioner.
Mr. Rajneesh Maniktala, Senior Advocate with
Ms Bhushree Jai, Advocate, for the respondent. Order dated 02.12.2024 stands complied with as requisite compensation amount stands deposited and bail bonds stand furnished to the satisfaction of learned Trial Court.
Record stands received. Learned counsel for the parties intend to go through the same.
List on 10.04.2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Virender Singh Dhanta vs. Chetan Verma Criminal Revision No.698 of 2024 07.01.2025 Present: Mr. Sidharth, Advocate, vice Mr. Vinod Kumar Gupta, Advocate, for the petitioner.
Mr. Pranav Sharma, Advocate, vice Mr. S.S. Roach, Advocate, for the respondent.
Record stands received. Learned counsel for the parties intend to go through the same.
List after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Bela Devi vs. Rajiv Thakur
CMPMO No.694 of 2024
07.01.2025 Present: Mr. Ajay Chauhan, Advocate, for the petitioner.
Mr. R.K. Sharma, Advocate, for the respondent. Notice. Mr. R.K. Sharma, learned counsel, appears and waives service of notice on behalf of the respondent and seeks time to file reply.
Reply be filed within four weeks. Rejoinder, if any, on or before the next date of hearing.
List on 04.03.2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Bela Devi vs. Rajiv Thakur
CMPMO No.694 of 2024
07.01.2025 Present: Mr. Ajay Chauhan, Advocate, for the petitioner.
Mr. R.K. Sharma, Advocate, for the respondent. Notice. Mr. R.K. Sharma, learned counsel, appears and waives service of notice on behalf of the respondent and seeks time to file reply.
Reply be filed within four weeks. Rejoinder, if any, on or before the next date of hearing.
List on 04.03.2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Aman Singh @ Ammu vs. State of Himachal Pradesh Criminal Appeal No.491 of 2024 07.01.2025 Present: Mr. Rohit, Advocate, vice Mr. Arun Sehgal, Advocate, for the appellant.
Mr. Manish Thakur, Deputy Advocate General, for the respondent/State.
Learned vice counsel appearing on behalf of the appellant submits that the arguing counsel is unavailable today on account of personal difficulty.
List after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Sapna Kumari vs. Brahmi Devi and others CMPMO No.487 of 2024 07.01.2025 Present: Mr. Rajiv Sirkeck, Advocate, for the petitioner.
Mr. H.M. Thakur, Advocate, vice Mr. Rahil Mahajan, Advocate, for respondent No.1.
CMPMO No.487/2024 Notice. Mr. H.M. Thakur, learned vice counsel, appears and waives service of notice on behalf of respondent No.1 and seeks time to file reply.
On taking steps within three days, issue notice to respondents No.2 and 3, returnable within four weeks.
Reply on behalf of respondent No.1 be filed within four weeks. Rejoinder, if any, on or before the next date of hearing.
List the matter for consideration after ensuing winter vacation in the second week of March, 2025. CMP No.14193/2024
During pendency of the petition, further proceedings, in case No.15/2022, titled Brahmi Devi vs. Sapna Kumari and others, pending before learned Additional Chief Judicial Magistrate Court, Palampur, District Kangra, H.P., shall remain stayed. Application stands disposed of.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Kunal Juneja vs. State of HP and another Cr.MMO No.455 of 2024 07.01.2025 Present: Mr. Sambhav Bhasin, Advocate, vice Mr. Vasu Jal, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for respondent No.1/State.
Mr. Anubhav Chopra, Advocate, for respondent No.2. No rejoinder is intended to be filed on behalf of the petitioner to the reply filed on behalf of respondent No.1.
Learned counsel appearing on behalf of respondent No.2 seeks time to file reply.
Let the needful be done within four weeks. Rejoinder thereto, if any, within four weeks thereafter. List after eight weeks.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
M/s Beat Route Cafe and Restaurant and another vs. Rajan Chopra Criminal Revision No.427 of 2024 07.01.2025 Present: Mr. Panku Chaudhary, Advocate, for the petitioners. Cr.MP No.5143/2024
For the reasons stated in the application, the same is allowed. Time to deposit the balance compensation amount (30%), as is being prayed, is granted. Let the needful be done within eight weeks. Application stands disposed of.
Criminal Revision No.427/2024 List after eight weeks.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Chaman Lal vs. State of Himachal Pradesh Criminal Appeal No.426 of 2024 07.01.2025 Present: Mr. Sudhir Bhatnagar, Advocate, for the appellant.
Mr. Manish Thakur, Deputy Advocate General, for the respondent/State.
Record stands received. Learned counsel for the parties intend to go through the same.
List after ensuing winter vacation in the month of April, 2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Geeta Devi vs. The Commissioner, M.C. Shimla and others CMPMO No.347 of 2024 07.01.2025 Present: Mr. Ajay Kumar Sood, Senior Advocate with Mr. Chaman Negi and Mr. Rohit, Advocates, for the petitioner. Mr. Mukul Sood, Advocate, for respondent No.1. Mr. Ashok Kumar Sood, Senior Advocate with Mr. Rajat, Advocate, for respondents No.2 and 3.
Further time prayed for by the learned counsel appearing on behalf of the Municipal Corporation to look into the proposal submitted by the petitioner in terms of order dated 12.12.2024.
List on 10.03.2025.
( Bipin C. Negi )
January 07, 2025 (KS) Judge
Chetan Sharma @ Mannu vs. State of H.P. Cr. MP(M) No.2699 of 2024 06.01.2025 Present: Mr. Surender K. Sharma, Advocate as Legal Aid Counsel, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Respondent to ascertain as to whether bail has been granted to the petitioner previously in FIR No.203 of 2019 dated 19.07.2019, registered at Police Station, Balh, District Mandi, H.P. List on 13.01.2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Chetan Sharma @ Mannu vs. State of H.P. Cr. MP(M) No.2699 of 2024 06.01.2025 Present: Mr. Surender K. Sharma, Advocate as Legal Aid Counsel, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Respondent to ascertain as to whether bail has been granted to the petitioner previously in FIR No.203 of 2019 dated 19.07.2019, registered at Police Station, Balh, District Mandi, H.P. List on 13.01.2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Mukesh Kumar vs. Jaimal Sharma
Cr. Revision No.571 of 2023
06.01.2025 Present: None for the petitioner.
Mr. Sat Parkash, Advocate, for the respondent. Despite repeated calls, there is no appearance on behalf of the petitioner. In the interest of justice, list for consideration on 12.03.2025.
In the meanwhile, petitioner is free to file an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence, in the case at hand.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Hari Singh vs. State of HP and others
Cr.MMO No.815 of 2023
06.01.2025 Present: None for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Despite repeated calls, there is no appearance on behalf of the petitioner. In the interest of justice, list for consideration after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Rakesh Sharma and another vs. State of HP and others Cr.MMO No.208 of 2024 06.01.2025 Present: Mr. Randeep S. Rai, Senior Advocate with Mr. Vikrant Thakur, Mr. Sushant Vir Singh, Mr. Shubham Guleria, Mr. Kanan Pathak and Ms. Rubina Virmani, Advocates, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Mr. Kashmir Singh Thakur, Advocate, for respondent No.4/CBI.
Shri Shakti Singh, HPPPS (City), Shimla and ASI Chhotu Ram, I/O Police Station, Boileauganj, District Shimla, is present along with record.
Learned Additional Advocate General seeks adjournment on the ground of non-availability of learned Advocate General.
List on 28.02.2025, on which date, the matter shall be heard finally as pleadings in the case at hand are complete.
It is made clear that no further adjournment shall be sought by the State.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Vineet Chauhan vs. State of Himachal Pradesh Cr.MMO No.425 of 2024 06.01.2025 Present: Ms. Tim Saran, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Learned counsel for the petitioner submits that the rejoinder shall be filed by the petitioner during the course of the day itself.
List for consideration after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Manish Kumar Sharma vs. State of HP and another Cr.MP(M) No.59 of 2025 06.01.2025 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Sparsh Bhushan, Advocate, for the petitioner. Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted two weeks' time to file status report. On taking steps within three days, let notice be issued to the complainant/victim, returnable for the next date.
List on 21.01.2025, on which date, respondent/State shall also file Status report.
The petitioner-accused apprehends his arrest in a case registered against him vide FIR No.1 of 2025 dated 05.01.2025, under Section 64 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023 at Women Police Station, Dharamshala, District Kangra, Himachal Pradesh.
In view of the averments in the application and also the submissions made by learned counsel, it is directed that in the event of arrest of the petitioner-accused in this case, he shall be released on bail subject to his furnishing personal bonds in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the arresting Police Officer/Investigating Officer, subject to following conditions:-
(i) Petitioner, at the first instance, shall appear before the Investigating Officer, Women Police Station, Dharamshala, District Kangra, on 07.01.2025 at 11.30 a.m;
(ii) Petitioner shall join the investigation of case as and when called for by the Investigating Officer in accordance with law;
(iii). Petitioner shall not hamper the investigation in any manner whatsoever;
(iv). Petitioner shall not contact the complainants, threaten or browbeat them or to use any pressure tactics in any manner whatsoever;
(v). Petitioner shall not leave India without prior permission of the Court;
(vii). Petitioner shall not make any inducement threat or promise, directly or indirectly, to the investigating officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Sheela Devi vs. State of HP and another Cr.MP(M) No.58 of 2025 06.01.2025 Present: Mr. Servedaman Rathore, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1-State. He prays for and is granted two weeks' time to file status report. On taking steps within three days, issue notice to respondent No.2/complainant, returnable for 21.01.2025.
List on 21.01.2025, on which date, respondent/State shall also file Status report.
The petitioner-accused apprehends her arrest in a case registered against her vide FIR No.34 of 2024 dated 14.12.2024, under Sections 363, 366A, 354 and 376 of the Indian Penal Code and Sections 6 and 17 of the Protection of Children from Sexual Offences Act (POCSO) at Women Police Station, Nahan, District Sirmaur, Himachal Pradesh.
In view of the averments in the application and also the submissions made by learned counsel, it is directed that in the event of arrest of the petitioner-accused in this case, she shall be released on bail subject to her furnishing personal bonds in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the arresting Police Officer/Investigating Officer, subject to following conditions:-
(i) Petitioner, at the first instance, shall appear before the Investigating Officer, Women Police Station, Nahan, District Sirmaur, on 07.01.2025 at 11.30 a.m;
(ii) Petitioner shall join the investigation of case as and when called for by the Investigating Officer in accordance with law;
(iii). Petitioner shall not hamper the investigation in any manner whatsoever;
(iv). Petitioner shall not contact the complainants, threaten or browbeat them or to use any pressure tactics in any manner whatsoever;
(v). Petitioner shall not leave India without prior permission of the Court;
(vii). Petitioner shall not make any inducement threat or promise, directly or indirectly, to the investigating officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer or tamper with the evidence.
( Bipin C. Negi ) January 06, 2025 (KS) Judge Sudesh Sood and another vs. Abhishek Vashisht and another CMPMO No.111 of 2024 06.01.2025 Present: Mr. Abhinav Thakur, Advocate, vice Mr. Ajay Kumar Sharma, Advocate, for the petitioner.
Mr. Neeraj Gupta, Senior Advocate with Mr. Pranjal Munjal, Advocate, for the respondents. At the joint request of learned counsel for the parties, list the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Raja vs. Himachal Pradesh Minorities Finance & Development Corporation Criminal Revision No.66 of 2024 06.01.2025 Present: Mr. Gurdev Negi, Advocate, for the petitioner.
Ms. Shashi Kiran, Advocate, for the respondent. Further time prayed for depositing the balance compensation amount of Rs.1.06 lacs.
Let the needful be done on or before the next date of hearing. List the matter after ensuing winter vacation in the second week of March, 2025.
On deposit of the balance compensation amount, petitioner is free to file an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence, in the case at hand.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Satish Kumar vs. Arun Kumar
Criminal Revision No.35 of 2024
06.01.2025 Present: Mr. N.K. Tomar, Advocate, for the petitioner.
Ms. Drishti Sirswal, Advocate, for the respondent. Learned counsel appearing on behalf of the respondent submits that today the respondent has received a sum of Rs.30,000/- towards discharge of compensation amount as fastened by the Courts below.
Learned counsel for the petitioner submits that the balance amount shall be deposited in the Registry of this Court on or before the next date of hearing.
Other than the aforesaid, learned counsel for the petitioner submits that Rs.24,000/- is lying deposited before the trial Court.
Learned counsel for the petitioner submits that the petitioner would have no objection if an appropriate application is filed by the respondent/complainant for release of amount deposited before the trial Court.
List the matter after ensuing winter vacation in the second week of March, 2025.
On deposit of the balance compensation amount, petitioner is free to file an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence, in the case at hand.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Gurdarshan Singh Bindra vs. Shashi Bala and others Civil Revision No.18 of 2024 06.01.2025 Present: Mr. Sumit Sharma, Advocate, vice Mr. B.C. Verma, Advocate, for the petitioner.
Mr. Parmod Singh Thakur, Advocate, for respondents No.1, 2(i) to 2(iii).
Further time prayed for inspection of the record by learned vice counsel appearing on behalf of the petitioner.
As prayed, list the matter for consideration after ensuing winter vacation in the first week of March, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Narpat Ram vs. Rajeshwari Devi and others a/w connected matter CMPMO No.606 of 2023 a/w Cr.MMO No.1166 of 2023 06.01.2025 Present: Mr. Virender Thakur, Advocate, for the petitioner in CMPMO No.606 of 2023 and for the respondent in Cr.MMO No.1166 of 2023.
Mr. Anirudh Sharma, Advocate, for respondents in CMPMO No.606 of 2023 and for the petitioner in Cr.MMO No.1166 of 2023.
At the joint request of learned counsel for the parties, list the matter for consideration after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Damodar Dass and others vs. Drompti Devi and others CMPMO No.388 of 2023 06.01.2025 Present: Mr. Jagat Pal and Mr. Ashok K. Sharma, Advocates, for te petitioners.
Mr. H.S. Rangra, Advocate, for respondents No.1 & 2. At the request of learned counsel for the petitioner, list the matter for consideration after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Ramesh Kumar vs. Savitri Verma a/w connected matter Civil Revision No.121 of 2023 Civil Revision No.122 of 2023 06.01.2025 Present: Mr. Anuj Gupta, Advocate, for the petitioners, in both the petitions.
Mr. Vaibhav Tanwar, Advocate, for the respondents, in both the petitions.
CMP No.16351/2024 in Civil Revision No.121/2023 CMP No.16353/2024 in Civil Revision No.122/2023 The parties, in the case at hand, are agreeable to a sum of Rs.5,000/- as use and occupation charges for the premises in question from the date of eviction.
In view thereof, let the arrears of use and occupation charges from the date of eviction, less the amount already paid, be deposited, on or before the next date of hearing.
The petitioner(s) shall pay the use and occupation charges from the month of January, 2025 onward till the disposal of the petition.
List on 15.04.2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Govinder Singh and others vs. State of HP Cr.MMO No.387 of 2022 06.01.2025 Present: Mr. Deepak Kaushal, Senior Advocate with Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Manish Thakur, Deputy Advocate General, for the respondent/State.
At the joint request of learned counsel for the petitioner, list the matter for consideration after ensuing winter vacation in the first week of April, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Kashmir Singh vs. State of H.P. and others CMPMO No.190 of 2023 06.01.2025 Present: Mr. P.S. Goverdhan, Senior Advocate with Mr. Rakesh Thakur, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1&2/State.
Mr. Malay Kaushal, Advocate, for respondent No.3. CMP No.22241/2024 & CMP No.238/2025 No reply is intended to be filed on behalf of the non- applicant.
For the reasons stated in the applications, the same are allowed, as all that is sought to be placed on record are the photocopies of the orders passed by the Collector and the Divisional Commissioner. Copies of the orders which are appended thereto are ordered to be taken on record.
Insofar as order dated 17.02.2020, passed by the Collector, Sub Division, Ghumarwin, District Bilaspur, is concerned, certified copy of the same is appended with CMP No.238 of 2025. The same is ordered to be taken on record, as it is complete, in all respects, instead of copy appended with CMP No.22241/2024.
CMPMO No.190/2023
At the joint request of learned counsel for the parties, list the matter for consideration after ensuing winter vacation in the first week of April, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
State of HP vs. Chaman Lal and another a/w connected matter Cr. Appeal No.468 of 2016 a/w Cr. Revision No.202 of 2015 Cr. Appeal No.468 of 2016 06.01.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the appellant/State.
Mr. Dibender Ghosh, Advocate, for respondent No.1. Cr. Revision No.202 of 2015 Mr. Dibender Ghosh, Advocate, for the petitioner. Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Cr. Appeal No.468 of 2016 Bailable warrants issued against respondent No.2, in the case at hand, are to be executed through the Ministry of Home Affairs. Report in this respect be awaited further by four weeks. List thereafter.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Arun Bhardwaj @ Ambu vs. State of H.P. Cr.MMO No.11 of 2025 06.01.2025 Present: Mr. Ashwani Kaundal, Advocate, for the petitioner.
At the request of learned counsel for the petitioner, list the matter after ensuing winter vacation in the first week of March, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Babrik Veer Singh vs. State of Himachal Pradesh Cr.MP(M) No.45 of 2025 06.01.2025 Present: Mr. Raman Prashar, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 07.02.2025, on which date, respondent/State shall also file Status report.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Suraj Gupta vs. State of Himachal Pradesh Cr.MP(M) No.43 of 2025 06.01.2025 Present: Mr. Surya Chauhan, Advocate, vice Mr. Sarthak Mehta, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four weeks' time to file status report.
List on 07.02.2025, on which date, respondent/State shall also file Status report.
( Bipin C. Negi ) January 06, 2025 (KS) Judge Asha Sharma vs. Niraml Thakur Criminal Revision No.11 of 2025 06.01.2025 Present: Mr. Mohar Singh, Advocate, for the petitioner.
Criminal Revision No.11/2025 On taking steps within three days, issue notice to the respondent, returnable within four weeks. Cr.MP No.90/2025
The applicant-petitioner has preferred the present petition against the judgment of conviction and order of sentence dated 13.05.2024, passed by learned Chief Judicial Magistrate, Shimla, District Shimla., H.P. (hereinafter referred to as 'the trial Court'), in Complaint (CIS Reg.) No.1171/2018, titled Nirmal Thakur vs. Asha Sharma, and affirmed by learned Sessions Judge, Shimla, Distrirct Shimla, H.P. in Criminal Appeal No. 65-S/10 of 2024, titled Asha Sharma vs. Nirmal Thakur, decided on 09.09.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the compensation amount, if not already deposited, before the Trial Court within four weeks from today and also subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal of the revision petition, he will immediately surrender before the learned trial Court to receive the sentence. A copy of this order be sent to the learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
The application stands disposed of.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Rajesh Kumar @ Girijesh Kumar vs. Yogesh Kumar and another Criminal Revision No.9 of 2025 06.01.2025 Present: Ms. Ritu Raj Sharma, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Criminal Revision No.9/2025 Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2. On taking steps within three days, issue notice to respondent No.1, returnable within four weeks. Cr.MP No.77/2025
The applicant-petitioner has preferred the present petition against the judgment of conviction and order of sentence dated 22.05.2024, passed by learned Additional Chief Judicial Magistrate, Court No.1, Mandi, District Mandi, H.P. (hereinafter referred to as 'the trial Court'), in Complaint No.450-III/18/13, titled Yogesh Kumar vs. Rajesh Kumar @ Girijesh, and affirmed by learned Sessions Judge, Mandi, District Mandi, H.P. in Criminal Appeal No. 74 of 2024, titled Rajesh Kumar @ Girijesh Kumar vs. Yogesh Kumar and another, decided on 08.11.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the compensation amount, if not already deposited, before the Trial Court within four weeks from today and also subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal of the revision petition, he will immediately surrender before the learned trial Court to receive the sentence. A copy of this order be sent to the learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
The application stands disposed of.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Savitru vs. Yuv Raj and others
CMPMO No.7 of 2025
06.01.2025 Present: Ms. Reeta Hingmang, Advocate, for the petitioner.
At the request of learned counsel for the petitioner, the matter is adjourned enabling her to prepare the case.
List on 14.01.2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Jaswant Singh vs. State of HP and another Cr.MMO No.7 of 2025 06.01.2025 Present: Mr. Dibender Ghosh, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Cr.MMO No.7/2025 & Cr.MP No.67/2025 Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1. On taking steps within three days, issue notice to respondent No.2, returnable within four weeks. Reply, if any, be filed within six weeks. Rejoinder thereto, if any be filed on or before the next date of hearing.
List the matter after ensuing winter vacation in the first week of March, 2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Raj Kumar and others vs. State of HP and others Cr.MMO No.5 of 2025 06.01.2025 Present: Mr. Manohar Lal Sharma, Advocate, for the petitioners.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Ashwani Negi, Advocate, for respondents No.2 to 5. Cr.MMO No.5/2025 Notice. Mr. B.N. Sharma, learned Additional Advocate General and Mr. Ashwani Negi, learned counsel, appear and waive service of notice on behalf of respondent No.1 and respondents No.2 to 5, respectively and seek time to file reply/status report.
List for presence of parties on 04.03.2025, on which date, status report/reply be filed.
Cr.MP No.64/2025
Learned counsel for the petitioners states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
Cr.MP No.65/2025 Allowed and the applicants are exempted from filing complete typed English translation of Annexures P-1 and P-3 (colly.) annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Ravi Sharma vs. M/s Sanya Enterprises and others CMPMO No.4 of 2025 06.01.2025 Present: Mr. Ashok Kumar, Advocate, for the petitioner.
CMPMO No.4/2025 & CMP No.484/2025 Notice, at this stage, confined to respondent No.1 only be issued, returnable within four weeks. Stpes be taken withn three days.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Sanjay Kumar vs. Charanji Lal and others Civil Revision No.203 of 2024 06.01.2025 Present: Mr. Devinder K. Sharma, Advocate, for the petitioner.
Civil Revision No.203/2024 & CMP No.26142/2024 On taking steps within three days, issue notice to the respondents, returnable within four weeks.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Parvesh Soni vs. Surinder Singh
Cr.MMO No.1248 of 2024
06.01.2025 Present: Mr. Vinod Chauhan, Advocate, for the petitioner.
At the request of learned counsel for the petitioner, list the matter after ensuing winter vacation in the first week of March, 2025.
However, it is made clear that mere pendency of this petition before this Court would not preclude the trial Court from proceeding further. No notice has been issued to the respondent, in the case at hand, till date.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
Kiran Kumar vs. Anju Kumari
CMPMO No.22 of 2024
06.01.2025 Present: Mr. Vinod Chauhan, Advocate, vice Mr. Mohan Sharma,
Advocate, for the petitioner.
In terms of order dated 10.01.2024, before any notices were issued, petitioner was directed to deposit the litigation cost of Rs.15,000/-. However, the same has not been deposited till date.
Let the same be deposited on or before the next date of hearing. List on 05.03.2025.
( Bipin C. Negi )
January 06, 2025 (KS) Judge
M/s Janta Cloth House (Partnership firm) and another vs. Rakesh Kapoor and others Civil Revision No.48 of 2019.
04.01.2025 Present: Mr. Rocky, Advocate, vice Mr. Devinder K. Sharma, Advocate, for the petitioners/non-applicants. Mr. Anirudh Kapoor, Advocate, vice Mr. Vivek Sharma, Advocate, for the respondents/applicants in CMP No.14149 of 2024.
CMP No.14149/2024 Time for filing reply is being sought since 21.08.2024. However, the same has not been filed till date.
Let the reply, as prayed, be positively filed within four weeks. It is made clear that if the reply is not filed within four weeks, then the right to file reply shall automatically stand closed.
Rejoinder, if any, thereto be filed on or before the next date of hearing. List on 13.03.2024.
( Bipin C. Negi )
January 04, 2025 (KS) Judge
Mohammed Raffi vs. HPMFDC
Criminal Revision No.157 of 2023
04.01.2025 Present: None for the petitioner.
Mr. Sat Prakash, Advocate, for the respondent. Despite repeated calls, there is no appearance on behalf of the petitioner. In the interest of justice, list the matter on 07.01.2025.
( Bipin C. Negi )
January 04, 2025 (KS) Judge
Municipal Corporation, Shimla vs. Om Prakash Kapoor CMPMO No.295 of 2012 04.01.2025 Present: Mr. Mukul Sood, Advocate, for the petitioner.
Mr. Basant Pal Thakur, Advocate, for respondent No.1(a). Let fresh steps for the service of respondents No.1(b) and 1(c) be taken within one week. On taking such steps, issue notice the said respondents, returnable within four weeks.
( Bipin C. Negi ) January 04, 2025 (KS) Judge Paras Ram Chandel vs. Pramod Sood Criminal Revision No.416 of 2022 04.01.2025 Present: Mr. Vishvender, Advocate, vice Mr. K.B. Khajuria, Advocate as Legal Aid Counsel, for the petitioner. Mr. Dewanand Sharma, Advocate, for the respondent. At the request of learned counsel for the petitioner, list the matter on 06.01.2025.
( Bipin C. Negi )
January 04, 2025 (KS) Judge
Om Singh Rajput and another vs. State of HP and others Cr.MMO No.1202 of 2024 04.01.2025 Present: Mr. Rahul Mahajan, Advocate, for the petitioners.
Mr. Raj Kumar Negi, Additional Advocate General, for respondent No.1/State.
Ms. Meera Devi, Advocate, for respondent No.2. Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioners.
Reply, as prayed, be filed on behalf of respondent No.2 on or before the next date of hearing. On taking fresh steps within three days, issue notice to respondent No.3, returnable for 05.03.2025.
Pleadings be completed in the meanwhile.
( Bipin C. Negi )
January 04, 2025 (KS) Judge
Bittu vs. State of HP
Cr. MP(M) No.2728 of 2024
04.01.2025 Present: Mr. Sanjay Ranta, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Status report stands filed. The same is taken on record. Copy, whereof, has been supplied to learned counsel for the petitioner, who intends to go through the same.
List for consideration, on 13.01.2025.
( Bipin C. Negi )
January 04, 2025 (KS) Judge
Joginder Lal vs. Seema Kashyap
Cr. MP(M) No.2700 of 2024
04.01.2025 Present: Mr. Pavinder, Advocate, for the applicant/appellant.
Mr. Ravi Patiyal, Advocate, for the respondent. Cr.MP(M) No.2700/2024 No reply is intended to be filed on behalf of the non- applicant/respondent.
From the reasons and sufficient cause shown in the application, it is evident that the applicant was due diligently, bona fidely, pursuing remedies available to him under law. No inaction is attributable to the applicant on account of the explanation offered in the application for getting the delay of 102 days in filing the appeal condoned.
Other than the aforesaid, in the interest of justice, delay of 102 days in filing the present criminal appeal is condoned. Application stands disposed of.
Cr.MP No._______/2025 From perusal of the grounds of appeal, it is evident that there exists an arguable case in favour of the present applicant. In view thereof and for the reasons stated in the application, the same is allowed. Leave to appeal is granted. The application stands disposed of.
Cr. Appeal No._______/2025 Be registered.
Records be called for.
List the matter after ensuing winter vacation in the third week of March, 2025. In the meanwhile, power of attorney on behalf of the respondent be filed.
( Bipin C. Negi )
January 04, 2025 (KS) Judge
Rajinder Kumar vs. Chaya Devi and others a/w connected matter Civil Revision No.2 of 2016 a/w Civil Revision No.27 of 2021 Civil Revision No.2 of 2016 03.01.2025 Present: Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for the petitioner.
Mr. Sumit Sood, Advocate, for respondents No.1 to 4. None for respondents No.5 to 7.
Mr. Tek Chand Sharma, Advocate, for the applicant in CMP No.4708 of 2024.
Civil Revision No.27 of 2021 Ms. Meera Devi, Advocate, vice Mr. Deepak Gupta, Advocate, for the petitioners.
Mr. Atul G. Sood, Advocate, for the respondents. CMP No.4708/2024 in Civil Revision No.2 of 2016 The present application has been filed under Order 1 Rule 10 read with Section 151 of the Civil Procedure Code seeking impleadment of the applicant. The impleadment is sought on the ground that during the pendency of the proceedings, a share has been purchased by the applicant in the property in question, on 29.12.2007 and 30.11.2021.
Admittedly, in the case at hand, proceedings were instituted on 27.05.1998. The petition had been filed on the ground of bona fide requirement and cease to occupy. The present application has been filed by one Sh. Kartik Kumar, who seeks to be impleaded in the present proceedings by virtue of the present application. In this context, it would be appropriate to mention that a similar application had been filed by Sh. Kartik Kumar before the learned trial Court. The said application had been dismissed by the trial Court on 22.12.2009. The said order has attained finality as the same was never challenged.
The well-settled principles, as to what has to be adjudicated in a rent petition, have been succinctly enumerated in case reported as 2018 (2) SCC 352, titled Kanaklata Das & Ors. Vs. Naba Kumar Das & Ors. The relevant extract, whereof, is being reproduced herein below:-
"11.2 Second, the landlord (plaintiff) in such suit is required to plead and prove only two things to enable him to claim a decree for eviction against his tenant from the tenanted suit premises. First, there exists a relationship of the landlord and tenant between the plaintiff and the defendant and second, the ground(s) on which the plaintiff- landlord has sought defendant's-tenant's eviction under the Rent Act exists. When these two things are proved, eviction suit succeeds.
11.3 Third, the question of title to the suit premises is not germane for the decision of the eviction suit. The reason being, if the landlord fails to prove his title to the suit premises but proves the existence of relationship of the landlord and tenant in relation to the suit premises and further proves existence of any ground on which the eviction is sought under the Tenancy Act, the eviction suit succeeds. Conversely, if the landlord proves his title to the suit premises but fails to prove the existence of relationship of the landlord and tenant in relation to the suit premises, the eviction suit fails. (See- Ranbir Singh vs. Asharfi Lal)."
From the aforesaid, it is evident that all that is to be determined in an eviction petition is the existence of relationship of landlord and tenant between the parties and the ground on which the landlord has sought eviction under the Rent Act. The question of title is not germane to the eviction suit.
On filing of eviction petition rights of the parties have been crystallized on the date of the eviction suit and the entitlement of the co-owners to seek ejectment must be adjudged by reference to the date of institution of the suit. The only exception being when by virtue of a subsequent event the entitlement of the body of co-owners to eject the tenant comes to an end by act of parties or by operation of law. One co-owner filing a suit for eviction against the tenant does so on his own behalf in his own right and as an agent of the other co-owners. Having purchased the property pendente lite, the applicant cannot be allowed to take a stand contrary to one taken by his predecessors-in-interest and to the prejudice of the landlord whose rights the applicant has not purchased. In this respect, reference can be made to decision of the Hon'ble Apex Court in India Umbrella Manufacturing Co. and others vs. Bhagabandei Agarwalla (dead) by LRs. Savitri Agarwalla (Smt) and others, 2004 (3) SCC 178.
Other than the aforesaid, the landlord is the dominus litus and he cannot be forced to add parties against whom he does not seek any relief, unless it is the compulsion of any rule of law. The judgment passed, in the case at hand, is the judgment in personam and not a judgment in rem. The same pertains only to the parties to the suit and not to persons who are not parties to the suit. Besides the aforesaid, the presence of the applicant is not necessary to enable the Court to effectively and completely adjudicate the question which arise for consideration.
In view of the aforesaid, there is no merit in the present application and the same is dismissed.
Civil Revision No.02/2016 & Civil Revision No.27/2021 At the joint request of learned counsel for the parties, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Raj Kumar vs. State of Himachal Pradesh Cr. MMO No.60 of 2021 03.01.2025 Present: Mr. Ashok Sharma, Senior Advocate with Mr. Sahil Malhotra, Advocate, for the petitioner. Mr. R.P. Singh, Deputy Advocate General, for the respondent/State.
Learned counsel for the petitioner seeks time to file rejoinder.
Let the needful be done on or before the next date of hearing. List on 07.01.2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Inderdeep Singh Khurana and another vs. State of HP and others a/w concerned matter Cr. MMO No.1157 of 2023 a/w Cr. MMO No.1156 of 2023 03.01.2025 Present: Mr. Hamender Singh Chandel, Advocate, for the petitioners, in both the petitions.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondents No.1&2/State.
Mr. Bhanvi Negi, Advocate, vice Mr. Manish Sharma, Advocate, for respondent No.3.
At the joint request of learned counsel for the parties, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Sukh Dev vs. Sarwan Kumar and others
Cr. Appeal No.457 of 2024
03.01.2025 Present: Mr. Raju Ram Rahi, Advocate, for the appellant.
Mr. Sidharth, Advocate, vice Mr. Vinod Kumar Gupta, Advocate, for respondents No.1 to 5.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.6/State.
List along with Cr.MP(M) No.2265 of 2024 (Criminal Appeal Filing No.10350 of 2024).
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Jai Ram Madhaik and others vs. State of HP and another Cr. MMO No.295 of 2024 03.01.2025 Present: Mr. Rajul Chauhan, Advocate, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Sunil Kumar, Advocate, for respondent No.2. At the joint request of learned counsel for the parties, list the matter after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Surat Ram Verma vs. Daulat Ram
Cr. Appeal No.284 of 2024
03.01.2025 Present: Mr. Mohar Chand, Advocate, vice Mr. Ravinder Singh Jaswal, Advocate, for the appellant.
Mr. Mohan Sharma, Advocate, for the respondent. At the joint request of learned counsel for the parties, list the matter after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Yogesh Rolta vs. State of HP and others Cr.MMO No.1151 of 2023 03.01.2025 Present: Mr. Mukul Sood, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Parikshit, Advocate, for respondent No.2. Mr. Anuj Gupta, Advocate, for respondents No.3 to 8. Further time prayed for filing rejoinder. Let the needful be done on or before the next date of hearing. As prayed, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Anupam Thakur vs. State of HP and another Cr.MMO No.1020 of 2023 03.01.2025 Present: Mr. Anubhav Chopra, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Ashwani Negi, Advocate, vice Mr. Sumit Raj Sharma, Advocate, for respondent No.2.
Learned counsel for respondent No.2 submits that the arguing counsel is unavailable today on account of personal difficulty. He seeks an adjournment.
As prayed, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
M/s Salus Pharmaceuticals and others vs. Union of India a/w connected matter Cr.MMO No.929 of 2023 a/w Cr.MMO No.930 of 2023 03.01.2025 Present: Mr. Anuj Nag, Advocate, for the petitioners, in both the petitions.
Mr. Shashi Shirshoo, Central Government Counsel, for the respondent/Union of India, in both the petitions. Further time prayed for on behalf of the petitioner to prepare the case at hand.
As prayed, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Prem Singh vs. Rakesh Kumar
Criminal Revision No.631 of 2023
03.01.2025 Present: Mr. D.S. Nainta, Advocate, for the petitioner.
Mr. Sunil Kumar, Advocate, vice Mr. Sanjay Ranta, Advocate, for the respondent.
Order dated 15.10.2024 has not been complied with till date.
Learned counsel for the petitioner submits that an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence, in the case at hand, stands filed. However, the same is not on record.
Registry to trace the application and place it on record well before the next date of hearing post removal of objection(s), if any.
List on 06.01.2025.
( Bipin C. Negi ) January 03, 2025 (KS) Judge Shiv Kumar vs. Pratap Singh Criminal Revision No.457 of 2023 03.01.2025 Present: Mr. Rajiv Rai and Ms. Rajni Gandhi, Advocates, for the petitioner.
Mr. Bhag Chand Sharma, Advocate, for the respondent. At the joint request of learned counsel for the parties, list on 07.01.2025.
Learned counsel for the petitioner to ensure that the balance compensation amount is deposited on or before the next date of hearing.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Yogesh Kumar and others vs. Adarsh Bala CMPMO No.445 of 2023 03.01.2025 Present: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate, for the petitioners. Mr. Sunny Modgill, Advocate, for the respondent. Learned counsel for the respondent submits that the previous order stands complied with as copies of the ordersheets of the proceedings before the trial Court after 09.12.2023 have been filed.
Learned counsel for the petitioners submits that he has received the copy of the same. However, the same are not on record.
Registry to trace the same and place them on record well before the next date of hearing post removal of objection(s), if any.
As prayed, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Brahma Nand and others vs. Chunni Lal and others Civil Revision No.106 of 2023 03.01.2025 Present: Ms. Rinki Kashmiri, Advocate, vice Mr. Janesh Gupta, Advocate, for the petitioners.
Mr. Surya Chauhan, Advocate, for the respondents. Learned counsel for the respondents submits that the arguing counsel is unavailable today on account of personal difficulty. He seeks an adjournment.
As prayed, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Prem Chand vs. Kanta Devi
Civil Revision No.142 of 2022
03.01.2025 Present: Mr. Rajiv Rai and Ms. Rajni Gandhi, Advocates, for the petitioner.
Mr. Aman Parth Sharma, Advocate, for the respondent. Learned counsel for the petitioner submits that they need time to reconstruct their file as their file has been misplaced.
Let the needful be done on or before the next date of hearing.
List the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 03, 2025 (KS) Judge
Dharam Singh vs. H.P. State Cooperative Bank a/w connected matter Criminal Revision No.311 of 2024 a/w Criminal Revision No.312 of 2024 02.01.2025 Present: None for the petitioner(s).
Mr. Kunal Thakur, Advocate, vice Mr. Parmod Singh Thakur, Advocate, for the respondent(s). Despite repeated calls, there is no appearance on behalf of the petitioner. In the interest of justice, list the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Dharam Singh vs. H.P. State Cooperative Bank a/w connected matter Criminal Revision No.311 of 2024 a/w Criminal Revision No.312 of 2024 02.01.2025 Present: None for the petitioner(s).
Mr. Kunal Thakur, Advocate, vice Mr. Parmod Singh Thakur, Advocate, for the respondent(s). Despite repeated calls, there is no appearance on behalf of the petitioner. In the interest of justice, list the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Manju Devi vs. Sunil Kumar
CMPMO No.741 of 2024
02.01.2025 Present: Mr. H.S. Rangra, Advocate, for the petitioner.
On taking steps within three days, issue notice to the respondent, returnable within four weeks.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Ajay Sharma vs. Rajinder Singh
Cr. Revision No.135 of 2024
02.01.2025 Present: Mr. Gurinder Singh, Advocate, for the petitioner.
Mr. Piyush Dhanotia, Advocate, for the respondent. Record stands received. Learned counsel for the parties intend to go through the same.
List the matter for consideration after ensuing winter vacation in the fourth week of March, 2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Jahir Abbaskhan and another vs. State of HP and another Cr. MMO No.747 of 2023 02.01.2025 Present: Ms. Sangeeta Vasudeva, Advocate, for the petitioners.
Mr. R.P. Singh, Deputy Advocate General, for respondent No.1/State.
Mr. Gurmeet Bhardwaj, Advocate, for respondent No.2. Learned counsel for respondent No.2 submits that in pursuance to FIR No.130 dated 24.08.2020, proceedings have been initiated and the matter is now listed for recording of evidence before learned Chief Judicial Magistrate, Jawali, District Kangra.
In view thereof, list the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Rajendera Kumar Gupta vs. Manoj Joshi and others Cr. MMO No.269 of 2023 02.01.2025 Present: Ms. Ruchika Khachi, Advocate, vice Mr. C.D. Negi, Advocate, for the petitioner.
Mr. Trigun Singh Negi, Advocate, vice Ms. Kusum Chaudhary, Advocate, for respondent No.1. Ms. Hemkanta Kaushal, Advocate, for respondent No.2. Mr. K.B. Khajuria, Advocate, for respondent No.3. Mr. Harsh Sharol, Advocate, vice Mr. Manoj Pathak, Advocate, for respondent No.4.
Learned vice counsel appearing on behalf of respondent No.1 submits that the arguing counsel is unavailable today on account of bereavement in the family. He seeks an adjournment.
As prayed, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Taranjeet Kaur and another vs. State of Himachal Pradesh and another Cr. MMO No.383 of 2020 02.01.2025 Present: Mr. Ankit Dhiman, Advocate, for the petitioners.
Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State.
Mr. Sidharth, Advocate, vice Mr. Vinod Kumar Gupta, Advocate, for respondents No.2 to 4.
At the request of learned counsel for the petitioners, list the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Tikam Singh vs. State of Himachal Pradesh Cr.MP(M) No.2676 of 2024 02.01.2025 Present: Mr. Ganesh Barowalia and Mr. Gambhir Singh Chauhan, Advocates, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
List for consideration on 14.01.2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Lal Singh vs. State of Himachal Pradesh Criminal Appeal No.499 of 2024 02.01.2025 Present: Mr. Narender Guleria, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
ASI Narender Sharma, Police Station, Sadar, District Mandi, Himachal Pradesh, is present along-with record. Cr. Appeal No.499/2024 & Cr.MP No.4027/2024 At the request of learned counsel for the appellant, list the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi ) January 02, 2025 (KS) Judge Jai Karan Kumar vs. UCO Bank Criminal Revision No.447 of 2024 02.01.2025 Present: Mr. Mukul Sood, Advocate, for the petitioner.
Mr. Gaurav Kumar, Advocate, for the respondent. Record of the trial Court be requisitioned well before the next date of hearing.
Learned counsel for the petitioner submits that on account of loan liability, the respondent-Bank has sold the property of the petitioner and, thus, recovered a sum of Rs.8.25 lacs. Insofar as the balance amount is concerned, negotiations are in progress on account of One Time Settlement (OTS) inter se petitioner/ accused and respondent/complainant, which according to learned counsel for the parties, will bear fruit in the near future. As a consequence whereof, list the matter for consideration after ensuing winter vacation in the second week of March, 2025 along with Criminal Revision No.381 of 2024 .
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Chinmaya Educational Society vs. Registrar, Dr. Y.S. Parmar University of Horticulture and Forestry CMPMO No.247 of 2024 02.01.2025 Present: Mr. J.S. Bhogal, Senior Advocate with Mr. Satish Sharma, Advocate, for the petitioner.
Mr. Ramesh Chand Sharma, Advocate, for the respondents.
CMP No.7116/2024 Reply is stated to have been filed. However, the same is not on record.
Registry to trace the same and place it on record well before the next date of hearing post removal of objection(s), if any.
Learned counsel for the petitioner submits that he has received copy of the reply and seeks time to file rejoinder thereto.
Pleadings in this respect be completed well before the next date of hearing. List the matter after ensuing winter vacation in the first week of March, 2025. Parties to ensure that the pleadings are on record well before the next date of hearing.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Rashpal Singh vs. State of Himachal Pradesh Cr. Appeal No.184 of 2024 02.01.2025 Present: Mr. Khem Raj, Advocate, vice Mr. Vijender Katoch, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Time to comply with order dated 26.04.2024 is extended by one week. However, it is made clear that if the order is not complied with within a period of one week from today, then interim protection granted therein shall stand vacated without further reference and the trial Court shall be free to execute the order of sentence.
List in due course.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Daulat Ram vs. H.P. State Co-operative Agriculture & Rural Development Bank and another Cr. Revision No.80 of 2024 02.01.2025 Present: Mr. Parkash Sharma, Advocate, for the petitioner.
Mr. Narender Singh Thakur, Advocate, for the respondent. At the request of learned counsel for the petitioner, list the matter after ensuing winter vacation in the second week of March, 2025, in order to enable the petitioner to deposit the balance compensation amount in the Registry of this Court.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Mast Ram vs. State of Himachal Pradesh Cr.MP(M) No.14 of 2025 02.01.2025 Present: Mr. Karan Kapoor, Advocate, for the petitioner.
Mr. Diwakar Dev Sharma, Additional Advocate General, for the respondent/State.
The petitioner, who is present in person, has surrendered before the jurisdiction of this Court and is identified by his counsel.
Notice. Mr. Diwakar Dev Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. He prays for and is granted four weeks' time to file reply/status report.
List on 24.01.2025.
Prayer in this petition is for grant of bail in F.I.R. No.79 of 2024, dated 31.12.2024, registered at Police Station, Shillai, District Sirmaur, H.P. for the commission of offences punishable under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023 against the petitioner.
In the aforesaid facts and attending circumstances, the bail-petitioner has submitted that he is innocent and has been falsely implicated in the case at hand. Besides the aforesaid, he has further submitted that he would not misuse the bail, in case the same is granted and will not induce the witnesses or tamper with the prosecution evidence.
In view of the aforesaid facts and attending circumstances, the bail petitioner, who is aged 59 years and is permanent resident of Block No.25 Sakhauli Ronhat, District Sirmaur, Himachal Pradesh, as such, his presence can be secured in the trial and, therefore, no fruitful purpose would be served by sending him in custody, at this stage. Final opinion can be formed after perusal of the record and status report. Therefore, it is ordered that in the event of arrest, the petitioner shall be released on bail in the aforementioned FIR on his furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local surety in the like amount to the satisfaction of the learned Registrar/Additional Registrar (Judicial), subject to the following conditions:
(i). The petitioner is directed to join the investigation on
03.01.2025 at 11:30 am at Police Station, Shillai, District Sirmaur, H.P. He will also join investigation, as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner shall not leave India without prior permission of the Court.
(iv). The petitioner undertakes not to contact the complainant, to threaten or browbeat her or to use any pressure tactics in any manner whatsoever.
(v). The petitioner undertakes not to make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Ashok Kumar and another vs. Pushapa Devi CMPMO No.483 of 2023 02.01.2025 Present: Mr. Mukul Sood, Advocate, for the petitioners.
Mr. Vinay Thakur, Advocate, for the respondent. Learned counsel for the petitioners submits that there is a possibility of amicable settlement inter se the parties. In view thereof, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Balinder vs. The Mahalaxmi Cooperative Credit Society Ltd.
Cr. Revision No.589 of 2022 02.01.2025 Present: Mr. Suneet Verma, Advocate, vice Mr. Varun Rana, Advocate, for the petitioner.
Ms. Suchitra Sen, Advocate, for the respondent. Learned counsel appearing on behalf of the petitioner submits that an appropriate application under Section 147 of the Negotiable Instruments Act for compounding of the offence, in the case at hand, stands filed. However, the same is not on record. Learned counsel for the respondent submits that she has received copy of the same.
Registry to trace the application and place it on record well before the next date of hearing post removal of objection(s), if any.
List on 08.01.2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Narinder vs. State of Himachal Pradesh Cr. MP(M) No.8 of 2025 02.01.2025 Present: Mr. Kulbhushan Khajuria, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State.
List on 03.01.2025, on which date, respondent/State shall also file Status report.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Prabhu Dayal vs. State of Himachal Pradesh Cr. MP(M) No.6 of 2025 02.01.2025 Present: Mr. Anirudh Sharma and Mr. Pavinder, Advocates, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted three week's time to file status report .
List on 24.01.2025, on which date, respondent/State shall also file Status report.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Rahul Thakur vs. State of Himachal Pradesh Cr. MP(M) No.5 of 2025 02.01.2025 Present: Mr. Anirudh Sharma and Mr. Pavinder, Advocates, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted three week's time to file status report.
List on 24.01.2025, on which date, respondent/State shall also file Status report.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Rahul vs. State of Himachal Pradesh
Cr. Appeal No.6 of 2025
02.01.2025 Present: Mr. Naresh K. Sharma, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Cr. Appeal No.6/2025 Admit.
Call for the records.
List for hearing in due course.
Cr.MP No.9/2025 By way of instant application filed under Section 430 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) 2023 , the applicant/ appellant is seeking suspension of sentence.
2. In the case at hand, the applicant was sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.5,000/- and in default of payment of fine, he was directed to further undergo simple imprisonment for one month for the commission of offence punishable under Section 354D of the Indian Penal Code. Learned counsel further contended that the appeal is likely to take considerable time for its disposal, as such, the instant application may be allowed and the applicant be released on bail during the pendency of the instant petition.
3. On the other hand, learned Additional Advocate General contended that the applicant/appellant is not entitled to be released on bail during the pendency of the present appeal, as he has been convicted in a serious offence.
4. I have heard the learned counsel for the applicant/appellant as well as learned Additional Advocate General and have also gone through the material available on record.
5. The sentence imposed, in the case at hand, is fixed term sentence. In this respect, it would be appropriate to refer to judgment dated 05.07.2024 passed in SLP(Criminal) Diary No.27298/2024, titled Bhupatji Sartajji Jabraji Thakor Vs. The State of Gujarat. The relevant extract is being reproduced hereinbelow:-
"There is a fine distinction between a sentence imposed by the trial court for a fixed term and sentence life imprisonment. If a sentence is for a fixed term, ordinarily, the appellate court may exercise its discretion to suspend the operation of the same liberally unless there are any exceptional circumstances emerging from the record to decline. However, when it is a case of life imprisonment, the only legal test which the Court should apply is to ascertain whether there is anything palpable or apparent on the face of the record on the basis of which the court can come to the conclusion that the conviction is not sustainable in law and that the convict has very fair chances of succeeding in his appeal. For applying such test, it is also not permissible for the court to undertake the exercise of re-appreciating the evidence. The emphasis is on the word "palpable" and the expression "apparent on the face of the record".
6. After perusing the record, it is evident that there are no exceptional circumstances emerging thereof necessitating declining of relief as is being sought.
7. The instant appeal is of the year 2025 and the same is not likely to be decided in near future. Therefore, in view of the facts and circumstances of the case and keeping in view of the aforesaid judgment of the Hon'ble Supreme Court, the substantive sentence imposed upon the applicant by the Trial Court vide judgment of conviction and order of sentence dated 20.12.2024, passed by learned Special Judge, Hamirpur, H.P., in POCSO Act No.18 of 2023, shall remain suspended, till final disposal of the appeal, however, subject to the applicant's furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Trial Court and also subject to deposit of the fine amount, if not already deposited. On furnishing the requisite bail bonds and on depositing the fine amount, he be released forthwith, if not required in any other case, however, with the undertaking to appear before this Court as and when directed and in the event of the dismissal of the appeal, the applicant/appellant will surrender before the Court.
8. However, it is made clear that the applicant shall not indulge himself in the same crime and maintain good social behaviour, or else, this order shall be liable to be cancelled.
9. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the same has been given only for the purpose of deciding the present application. The application stands disposed of.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Rahul vs. State of Himachal Pradesh
Cr. Appeal No.6 of 2025
02.01.2025 Present: Mr. Naresh K. Sharma, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Cr. Appeal No.6/2025 Admit.
Call for the records.
List for hearing in due course.
Cr.MP No.9/2025 By way of instant application filed under Section 430 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) 2023 , the applicant/ appellant is seeking suspension of sentence.
2. In the case at hand, the applicant was sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.5,000/- and in default of payment of fine, he was directed to further undergo simple imprisonment for one month for the commission of offence punishable under Section 354D of the Indian Penal Code. Learned counsel further contended that the appeal is likely to take considerable time for its disposal, as such, the instant application may be allowed and the applicant be released on bail during the pendency of the instant petition.
3. On the other hand, learned Additional Advocate General contended that the applicant/appellant is not entitled to be released on bail during the pendency of the present appeal, as he has been convicted in a serious offence.
4. I have heard the learned counsel for the applicant/appellant as well as learned Additional Advocate General and have also gone through the material available on record.
5. The sentence imposed, in the case at hand, is fixed term sentence. In this respect, it would be appropriate to refer to judgment dated 05.07.2024 passed in SLP(Criminal) Diary No.27298/2024, titled Bhupatji Sartajji Jabraji Thakor Vs. The State of Gujarat. The relevant extract is being reproduced hereinbelow:-
"There is a fine distinction between a sentence imposed by the trial court for a fixed term and sentence life imprisonment. If a sentence is for a fixed term, ordinarily, the appellate court may exercise its discretion to suspend the operation of the same liberally unless there are any exceptional circumstances emerging from the record to decline. However, when it is a case of life imprisonment, the only legal test which the Court should apply is to ascertain whether there is anything palpable or apparent on the face of the record on the basis of which the court can come to the conclusion that the conviction is not sustainable in law and that the convict has very fair chances of succeeding in his appeal. For applying such test, it is also not permissible for the court to undertake the exercise of re-appreciating the evidence. The emphasis is on the word "palpable" and the expression "apparent on the face of the record".
6. After perusing the record, it is evident that there are no exceptional circumstances emerging thereof necessitating declining of relief as is being sought.
7. The instant appeal is of the year 2025 and the same is not likely to be decided in near future. Therefore, in view of the facts and circumstances of the case and keeping in view of the aforesaid judgment of the Hon'ble Supreme Court, the substantive sentence imposed upon the applicant by the Trial Court vide judgment of conviction and order of sentence dated 20.12.2024, passed by learned Special Judge, Hamirpur, H.P., in POCSO Act No.18 of 2023, shall remain suspended, till final disposal of the appeal, however, subject to the applicant's furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned Trial Court and also subject to deposit of the fine amount, if not already deposited. On furnishing the requisite bail bonds and on depositing the fine amount, he be released forthwith, if not required in any other case, however, with the undertaking to appear before this Court as and when directed and in the event of the dismissal of the appeal, the applicant/appellant will surrender before the Court.
8. However, it is made clear that the applicant shall not indulge himself in the same crime and maintain good social behaviour, or else, this order shall be liable to be cancelled.
9. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the same has been given only for the purpose of deciding the present application. The application stands disposed of.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Rajesh Thakur vs. State of HP and another Cr.MMO No.1 of 2025 02.01.2025 Present: Mr. Sanjay Jaswal, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.1/State.
Cr. MMO No.1/2025 Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1. On taking steps within three days, issue notice to respondents No.2 and 3, returnable within four weeks.
List after four weeks.
Cr.MP No.16/2025 Learned counsel for the petitioner states that he is under instructions not to press this application, at this stage. Accordingly, the instant application is dismissed as not pressed.
The application stands disposed of.
Cr.MP No.15/2025 Allowed and the applicant is exempted from filing complete typed English translation of the document(s), in question, annexed with the accompanying petition, at this stage, subject to filing of the same within seven days, as and when directed to do so.
The application stands disposed of.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Mahinder Singh vs. Ashok Kumar and another Criminal Revision No.856 of 2024 02.01.2025 Present: Mr. R.L. Chaudhary, Advocate, for the petitioner.
Mr. B.N. Sharma, Additional Advocate General, for the respondent No.2/State.
Cr. Revision No.856/2024 Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.2. On taking steps within three days, issue notice to respondent No.1, returnable within four weeks.
List after four weeks.
Cr.MP No.5539/2024 Notice in the aforesaid terms.
The applicant-petitioner has preferred the present petition against the judgment of conviction and order of sentence dated 23.04.2024, passed by learned Judicial Magistrate First Class, Court No.III, Hamirpur, H.P. (hereinafter referred to as 'the Trial Court'), in Criminal Complaint No.50-I-2019 (CIS Registration No.357 of 2019), titled Ashok Kumar vs. Mohinder Singh, and affirmed by learned Sessions Judge, Hamirpur, District Hamirpur, Himachal Pradesh, in Criminal Appeal No.54 of 2024, titled Mohinder Singh vs. Ashok Kumar and another, decided on 21.11.2024. The Revision Petition filed raises arguable points. Hence, the sentence in the case at hand, is ordered to be suspended, subject to the petitioner depositing 50% of the cheque amount within a period of four weeks from today and also subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial Court, undertaking therein that petitioner will attend this Court as and when required and in case of dismissal of the revision petition, he will immediately surrender before the learned trial Court to receive the sentence. A copy of this order be sent to the learned trial Court with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
List on 24.02.2024. In the meanwhile, reply, if any on behalf of respondent No.2/State be filed.
Cr.MP No.5540/2024
The application is disposed of with a direction to the applicant/petitioner to file certified copy of the trial Court judgment, on or before the next date of hearing.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
State of Himachal Pradesh and another vs. Bimla Devi and another CMPMO No.758 of 2024 02.01.2025 Present: Mr. B.N. Sharma, Additional Advocate General, for the petitioners/State.
CMPMO No.758/2024 On taking steps within three days, issue notice to the respondents, returnable within four weeks. CMP No.26220/2024
Subject to the deposit of awarded amount, in the case at hand, during the pendency of the petition, operation and execution of impugned award dated 28.03.2024, passed by learned Additional District Judge (II), Shimla, District Shimla, H.P., in Civil Appeal No.229-S/6 of 2018, titled Bimla Devi and another vs. State of H.P. and another, shall remain stayed. The awarded amount be deposited within four weeks from today. Application stands disposed of.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Prashant Guleria vs. State of Himachal Pradesh Cr. Appeal No.714 of 2024 02.01.2025 Present: Mr. Lakshay Parihar, Advocate, for the appellant.
Mr. B.N. Sharma, Additional Advocate General, for the respondent/State.
Cr. Appeal No.714/2024 Notice. Mr. B.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State.
Call for the records.
List the matter after ensuing winter vacation in the first week of March, 2025.
Cr.MP No.5542/2024
Notice in the aforesaid terms. Reply be filed on or before the next date of hearing.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
NTPC Limited vs. Nanki (deceased) through LRs. And others Civil Revision No.207 of 2024 02.01.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the petitioner. At the request of learned counsel for the petitioner, list on 04.01.2025.
( Bipin C. Negi )
January 02, 2025 (KS) Judge
Ramesh Kumar vs. Savitri Verma a/w connected matter Civil Revision No.121 of 2023 Civil Revision No.122 of 2023 01.01.2025 Present: Mr. Anuj Gupta, Advocate, for the petitioners, in both the petitions.
Mr. Vaibhav Tanwar, Advocate, for the respondents, in both the petitions.
At the request of learned counsel for the petitioner, list on 06.01.2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Raman Kumar vs. State of HP
Criminal Revision No.294 of 2022
01.01.2025 Present: Mr. Karan Veer Singh and Mr. Ritu Singh, Advocates, for
the petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
At the request of learned counsel for the petitioner, list the matter after ensuing winter vacation in the third week of March, 2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Desh Raj vs. Shriram Transport Finance Co. Ltd. and another Civil Revision No.104 of 2022 01.01.2025 Present: Ms. Simran, Advocate, vice Mr. Varun Thakur, Advocate, for the petitioner.
Mr. Ashwani Kaundal, Advocate, for the respondents. Learned counsel for the petitioner submits that the arguing counsel is unavailable today on account of bereavement in the family. She seeks an adjournment.
As prayed, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Banarsi Dass (deceased) through LRs. vs. Baldev Singh (deceased) through LRs. And others Civil Revision No.67 of 2020 01.01.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the petitioners. Mr. K.D. Sood, Senior Advocate with Mr. Sanjeev Sood, Advocate, for respondents No.2(a) to 2(d). Respondents No.1(a) to 1(d) and 3(a) to 3(c) proceeded against ex parte vide order dated 22.09.2021. At the request of learned counsel for the petitioners, list the matter after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Nitin Karol vs. Sushil Bhagra
Civil Revision No.51 of 2022
01.01.2025 Present: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the petitioner. Mr. Ashok Sood, Senior Advocate with Ms. Pooja Verma, Advocate, for the respondent.
CMP No.12116/2024 By virtue of order dated 20.12.2023, passed in CMP No.11606 of 2022, the use and occupation charges, were fixed @ Rs.10,000/- per month from May, 2021 till December, 2023. In the same order, from January, 2024, the rate of use and occupation charges, was fixed @ Rs.12,000/-per month.
In the case at hand, eviction was ordered by the trial Court on 20.08.2019. Appeal whereof was decided on 06.04.2021. The limited grievance raised in the present application is that in order dated 20.12.2023, the use and occupation charges from 20.08.2019 till April, 2021 have not been granted.
Learned counsel, on instructions received from their respective parties, submit that from 20.08.2019 till April, 2021, the use and occupation charges @ Rs.5,500/- would satisfy the claim being raised in the present application. Ordered accordingly.
Learned counsel for the petitioner submits that the aforesaid use and occupation charges shall be deposited in the Registry of this Court within eight weeks from today. Application stands disposed of.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Yogesh Kumar vs. State of HP and another Cr.MP(M) No.2673 of 2024 01.01.2025 Present: Mr. Sunny Rawat, Advocate, for the petitioner.
Mr. R.S. Verma, Additional Advocate General, for the respondent/State.
Learned Additional Advocate General submits that inadvertently the next date was wrongly communicated to the concerned Police Officials as 06.01.2025. As a consequence whereof, status report could not be filed today.
In view thereof, list the matter on 06.01.2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Sunil Dutt vs. Dharam Dass
Cr.MP(M) No.2384 of 2024
01.01.2025 Present: Mr. Mukul Sood, Advocate, for the petitioner.
None for the respondent.
Cr.MP(M) No.2384/2024 Previously, counsel had appeared for the respondent, but today no one is present on behalf of the respondent. No reply has been filed.
From the bona fide reasons and sufficient cause shown in the application, it is evident that the applicant was bona fidely, diligently pursuing remedies available in law. Other than the aforesaid, in the interest of justice, delay of 45 days in filing the present criminal appeal is condoned. Application stands disposed of.
Cr. Appeal No._______/2025 Be registered.
Records be called for.
List the matter after ensuing winter vacation in the third week of March, 2025.
( Bipin C. Negi ) January 01, 2025 (KS) Judge Mani Ram vs. Karam Dass Criminal Revision No.688 of 2024 01.01.2025 Present: Mr. Sunil Kumar, Advocate, vice Mr. R.S. Chandel, Advocate, for the petitioner.
Time to comply with order dated 28.10.2024, as prayed, is extended by four weeks from today.
Let fresh steps for the service of respondent be taken within one week. On taking such steps, issue notice to the respondent, returnable within four weeks.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Suresh Kumar vs. Meena Kumari
CMPMO No.543 of 2024
01.01.2025 Present: None for the petitioner.
Mr. Raju Ram Rahi, Advocate, for the respondent. Despite repeated calls, there is no appearance on behalf of the petitioner. In the interest of justice, list the matter for consideration after ensuing winter vacation in the first week of March, 2025.
( Bipin C. Negi ) January 01, 2025 (KS) Judge Jai Karan Kumar vs. UCO Bank Criminal Revision No.381 of 2024 01.01.2025 Present: Mr. Mukul Sood, Advocate, for the petitioner.
Mr. Gaurav Kumar, Advocate, for the respondent. Time to comply with order dated 08.07.2024, as prayed, is extended by four weeks from today.
Record stands received. Learned counsel for the parties intend to go through the same.
Learned counsel for the petitioner submits that on account of loan liability, the respondent-Bank has sold the property of the petitioner and, thus, recovered a sum of Rs.8.25 lacs. Insofar as the balance amount is concerned, negotiations are in progress on account of One Time Settlement (OTS) inter se petitioner/ accused and respondent/complainant, which according to learned counsel for the parties, will bear fruit in the near future. As a consequence whereof, list the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Kiran Bala vs. Ram Pal and others
CMPMO No.229 of 2024
01.01.2025 Present: Ms. Shrutika Chauhan, Advocate, vice Mr. Dheeraj K. Vashisht, Advocate, for the petitioner. Mr. Parmod Singh Thakur, Advocate, for respondent No.1. CMP(M) No.1810/2024 Reply, as prayed, be filed within four weeks. CMPMO No.229/2024 At the joint request of learned counsel for the parties, list the matter for consideration after ensuing winter vacation in the second week of March, 2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Ratku Devi vs. Paramjit Sigh and others CMPMO No.207 of 2024 01.01.2025 Present: Ms Meera Devi, Advocate, for the petitioner.
Ms. Simran, Advocate, vice Ms. Kusum Chaudhary, Advocate, for respondent No.3.
CMP No.25645/2024 No reply is intended to be filed on behalf of the non-applicant. Respondent No.9-Smt. Devku is stated to have died.
The right to sue inheres/survives in the legal heirs of deceased respondent No.9. Since the legal heirs of deceased respondent No.9-Smt. Devku are already on record as per proforma respondents No.6 to 8 and 10, therefore, the present application is allowed. Name of respondent No.9 is ordered to be deleted from the array of the parties. Amended memo of parties be filed within a period of one week. Application stands disposed of. CMPMO No.207/2024
Let fresh steps for the service of respondents No.1, 2, 4 and 5, by way of filing correct address, be taken within one week. On taking such steps, issue notice to the said respondents, returnable within four weeks.
Learned counsel for the petitioner submits that an appropriate application under Order 22 Rule 4 of the Civil Procedure Code for bringing on record the legal heirs of deceased respondent No.7 stands filed. However, the same is not on record.
Registry to trace the same and place it on record well before the next date of hearing post removal of objection(s), if any.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Harvant Singh Cheema vs. Raj Cheema (since deceased) through LRs. and another CMPMO No.46 of 2022 01.01.2025 Present: Mr. Parikshit Sharma, Advocate, vice Mr. Vipin Pandit, Advocate, for the petitioner.
Mr. Vinay Kuthiala, Senior Advocate with Mr. Devi Singh Verma, Advocate, for proposed representatives of respondent No.1, who is stated to be dead. Mr. Balram Sharma, Deputy Solicitor General of India with Mr. Rajiv Sharma, Advocate, for respondent No.2/Union of India.
CMP No.26422/2024 Time prayed on behalf of the non-applicants to file reply to the present application. Let the needful be done on or before the next date of hearing.
List on 07.01.2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Vishnu Dutt vs. Surender Dutt
Cr. Revision No.38 of 2021
01.01.2025 Present: Mr. Mehar Chand Thakur, Advocate, for the petitioner.
Ms. Shashi Kiran, Advocate, vice Mr. Rupinder Singh Thakur, Advocate, for the respondent.
Learned counsel for the parties jointly submit that there is a possibility of amicable settlement inter se the parties. In view thereof, list the matter after ensuing winter vacation in the first week of March, 2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Damber Bohra vs. State of HP
Cr.MP(M) No.3011 of 2024
01.01.2025 Present: Mr. Vinod Kumar Thakur, Advocate, vice Mr. C.D. Negi, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four week's time to file status report.
List on 31.01.2025, on which date, respondent/State shall also file Status report.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Ajay Kumar vs. State of HP
Cr.MP(M) No.3010 of 2024
01.01.2025 Present: Mr. Yuyutsu Singh Thakur, Advocate, vice Mr. Ravi Tanta, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four week's time to file status report.
List on 24.01.2025, on which date, respondent/State shall also file Status report.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Rohit Kumar vs. State of HP
Cr.MP(M) No.2982 of 2024
01.01.2025 Present: Mr. Parikshit Sharma, Advocate, for the petitioner.
Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
Notice. Mr. Raj Kumar Negi, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted four week's time to file status report.
List on 31.01.2025, on which date, respondent/State shall also file Status report.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Bhanu Kiran Khosla and others vs. State of HP and others Cr.MMO No.1343 of 2024 01.01.2025 Present: Mr. Tara Singh Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate, for the petitioners. Mr. Raj Kumar Negi, Additional Advocate General, for the respondent/State.
At the request of learned counsel for the petitioners, list on 07.01.2025.
( Bipin C. Negi )
January 01, 2025 (KS) Judge
Kapil Dev Sharma vs. Kaptan Singh Dhadwal and Another Cr.MP(M) No.1876 of 2024 09.01.2025 Present: Mr. Aditya Kaushal, Advocate, for the applicant/ appellant.
Respondent No.1 is served, but none has put in appearance.
Mr. B.N. Sharma, Additional Advocate General, for respondent No.2/State.
Cr.MP(M) No.1876/2024 No reply is intended to be filed on behalf of the non- applicant/respondent.
From the reasons and sufficient cause shown in the application, it is evident that the applicant was diligently, bona fidely, pursuing remedies available to him under law. No inaction is attributable to the applicant on account of the explanation offered in the application for getting the delay of 48 days in filing the appeal condoned.
Other than the aforesaid, in the interest of justice, delay of 48 days in filing the present criminal appeal is condoned. Application stands disposed of.
Cr. Appeal No._______/2025 Be registered.
Vide separate judgment of the even date placed on the file, present appeal stands disposed of.
( Bipin C. Negi )
January 09, 2025 (KS) Judge