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Himachal Pradesh High Court

Santosh Kumari & Ors. vs . Premu @ Prem Dass on 29 May, 2023

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

Santosh Kumari & Ors. vs. Premu @ Prem Dass CMPMO No. 347 of 2022 .

29.05.2023 Present: Mr. R.K. Bawa, Senior Advocate, with Mr. Ajay Kumar Sharma, Advocate, for the petitioners.

Mr. Rajinder Thakur, Advocate, for respondent Nos.

1, 3, 4, 5, 6, 7, 21, 22, 23, 78, 88, 87(a)(i) to 87(a)(iii), 88, 93, 103, 180 to 183, 186, 188.

Mr. Mohit Dogra, Advocate, for respondent Nos. 191 to 197.

r to Mr. Tarun K. Sharma, Advocate, for respondent Nos. 2 and LRs of 12, 13, 14, 44 and 104.

Mr. Piyush Sharma, Advocate, for respondent Nos. 38, 42 and 56.

Respondent No.42 Yashpal is present in person.

Respondents No. 2, 8, 9, 10, 11, 15, 18, 19, 25 to 28, 30, 31, 35, 26, 40, 41, 45, 46, 47(a) to 47(b), 48, 49, 51(a), 51(b), 52 to 56, 57(a), 57(b), 58 to 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 78, 79, 80 to 83, 89 to 91, 101, 102, 105 to 107, 110(a) to 110(b), 112 to 115, 118, 121 to 123, 128, 129, 130(a) to 130(b), 136 to 137, 139, 140, 142, 143, 147 to 150, 152 to 154, 163, 164(a) to 164(d), 165(a) to 165(b), 166(a), 167(a), 168, 171, 172(a), 173 to 175, 177, 184(a) t 184(b), 187 to 188, 198(a) to 198(c), 199 to 202, 204, 206(c), 207, 210(a), 211, 212, 213, 214(a) to 214(b), 219, 221, 222, 224, 227 to 228, 231, 233, 235, 237 to 239 are already ex-parte vide order dated 20.9.2022.

As per the report of the Registry, respondents No. 43(a), 72, 95 to 100, 110(c), 117, 132 to 134, 146, 155 to 161, 170(a), 185(a), 186, 203, 206(a), 206(b), 208, 211, 214(c) to 214(e), 215, 217(a), 217(c), 217(d)(b) to 217(d)(d), 217(f)(b) to 217(f)(f), 220, 226, 229, 232 stand served. As none has put in appearance on their behalf, they are ordered to be proceeded against ex parte.

Further, as per the report of the Registry, respondents No.144 and 216, have refused to accept the service of notice. As, the said respondents are deemed to be served ::: Downloaded on - 29/05/2023 20:51:30 :::CIS having the knowledge of the present proceedings, therefore, they .

are proceeded to be ex parte.

Further, as per the report of the Registry, respondents No. 24, 84 to 86, 108(a) to 108(e), 109(b), 116, 119, 120, 124 to 126, 131, 135, 162, 169, 176, 178, 205, 206(c), 218, 223, 225 and 230 are un-served for want of correct. Let correct address with process fee of the said respondents be filed within a period of one week from today and thereafter, notice be issued to them, returnable for, 26.07.2023.

Further, as per the report of the Registry, respondents No. 108(f), 179, 183 and 217(b) have stated to be dead. Learned counsel for appellant submits that appropriate steps will be taken within a period of three weeks.

Further, as per the report of the Registry, service of respondents Nos. 16, 20, 138, 217(d)(e) and 234 are still awaited. Be awaited till the next date of hearing.

Mr. Yashpal, respondent No.42, is present in person in the Court. On his prayer, the order, in terms whereof, he was proceeded against ex parte is ordered to be recalled and he is permitted to join the proceedings.

(Ajay Mohan Goel) Judge May 29, 2023 (Vinod) ::: Downloaded on - 29/05/2023 20:51:30 :::CIS