Himachal Pradesh High Court
Tek Chand & Anr. vs . Kimtu Devi & Ors. A/W Connected Matter on 18 March, 2024
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Jyotsna Rewal Dua
Tek Chand & Anr. Vs. Kimtu Devi & Ors. a/w connected matter .
OSA No.1 of 2023 a/w CMP(M) No.1213 of 2023 18.03.2024 Present: Ms. Ritta Goswami, Senior Advocate with Ms. Komal Chaudhary, Advocate, for the appellants in OSA no.1 of 2023 and for respondents no.2 & 3 in CMP(M) no.1213 of 2023.
Mr. Ajay Kumar Dhiman, Advocate, for respondent no.1 in both the matters.
Mr. Rakesh Dhaulta, Mr. Sushant Keprate and Mr. Gobind Korla, Additional Advocates General with Mr. Arsh Rattan, Mr. Sidharth Jalta and Ms. Priyanka Chauhan, Deputy Advocates General, for respondents no.2 to 4 in OSA no.1 of 2023 and for the applicants/ appellants in CMP(M) no.1213 of 2023.
CMP no.9500 of 2023 in OSA no.1 of 2023 Learned Senior Counsel for the applicants seeks to withdraw this application and pursue the appeal as an OSA filed under the High Court of Himachal Pradesh Appellate Side Rules, 1997.
The application is accordingly disposed of as withdrawn.
Though learned counsel for respondent no.1 sought to contend that even the OSA is not maintainable, we do not agree with the said submission having regard to the provision for appeals contained in Chapter 5 of the High Court of Himachal Pradesh Appellate Side Rules, 1997, which permits the appellants to file appeal against the orders passed under the Code of Civil Procedure, including appeals against the interlocutory orders.
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02.04.2024.
(M.S. Ramachandra Rao)
Chief Justice
March 18, 2024
Mukesh
r to (Jyotsna Rewal Dua)
Judge
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