Himachal Pradesh High Court
Sub Divisional Magistrate & Anr. vs . Mast Ram & Others. on 6 April, 2022
Author: Sandeep Sharma
Bench: Sandeep Sharma
Sub Divisional Magistrate & anr. vs. Mast Ram & others.
RFA No. 177 of 2021 .
06.04.2022 Present Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the appellant/State.
Mr. Gambhir Singh Chauhan, Advocate, for respondents No.2, 3(a) to 3(e) and 4 to 8.
CMP(M) No.562 of 2020 By way of instant application filed under Order 22 Rule 4 & 9 read with Section 151CPC, prayer has been made on behalf of the applicant/appellant for bringing on record LRs of deceased respondent No.1, Sh. Mast Ram, who has expired on 15.10.2018, leaving behind his LRs as detailed in para-5 of the application.
As per report of the Registry, notices issued to proposed LRs No.1(a) to 1(d) though stand served, but none has come present on their behalf and as such they are ordered to be proceeded against ex parte.
Averments contained in the application, which is duly supported with an affidavit as well as documents annexed therewith, clearly reveals that respondent No.1, Mast Ram, has expired on 15.10.2018, as is evident from the Death Certificate, AnnexureA-2, leaving behind his LRs, as detailed in para-5 of the application, as is evident from the Legal Heirs Certificate, Annexure A-1.
Since, right to sue survives in favour of the persons proposed to be substituted in place of deceased respondent No.1, Mast Ram, there appears to be no impediment in accepting the prayer made in the application and accordingly, the same is allowed. LRs as detailed in Para-5 of the application are ordered to be substituted in place of ::: Downloaded on - 07/04/2022 20:11:44 :::CIS deceased respondent No.1, Mast Ram, whose name is otherwise .
ordered to be deleted from the array of the parties. Registry to carry out necessary correction in the memo of parties on the basis of amended memo of parties annexed with the application. Application stands disposed of.
RFA No.177 of 2021Notices be issued to newly impleaded respondents No.1(a) to 1(d), returnable for 10.05.2022, on taking steps within a period of two weeks. In the meantime, learned Additional Advocate General may also take steps for post admission service of respondents No. 9(a) to 9(i), enabling the Registry to issue notices, on the date already fixed.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sandeep Kumar Mehta vs. State of H.P. Cr.MP(M) No.448 of 2022 .
06.04.2022 Present Mr. Vivek Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
Vide order dated 16.03.2022, this Court while permitting the petitioner to withdraw the bail petition bearing CrMP(M) No. 448 of 2022, directed the court below to conclude the trial expeditiously, preferably within a period of six months. Since, it was brought to the notice of this Court that six prosecution witnesses out of 12, have been examined, this Court having taken note of the fact that bail petitioner is behind bars since 13.11.2021, directed the court below to do the needful, expeditiously, but now, it has been informed that prosecution evidence is yet to commence and as such, order dated 16.03.2022, passed in Cr.MP(M) No. 448 of 2022, is required to be recalled to the extent this Court directed the court below to conclude the trial expeditiously, preferably within a period of six months. Ordered accordingly.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Bhupinder Pal vs. State CWPOA No. 2887 of 2019 .
06.04.2022 Present Mr. Onkar Jairath, Mr. Prashant Sharma and Mr. Ajit Sharma, Advocates, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
Heard in part. List for continuation on 07.04.2022.
r (Sandeep Sharma)
Judge
6th April, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Raj Kumar & others vs. State of H.P. & others.
CWPOA No. 33 of 2019.
06.04.2022 Present Mr. R.L. Chaudhary, Advocate, for the petitioners.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
Though, Director Higher Education has filed supplementary affidavit in terms of order dated 24.07.2021, but perusal of the same clearly reveals that same is not in conformity with the directions contained in order dated 24.07.2021.
In the aforesaid background, learned Additional Advocate General prays for and is granted further two weeks' time enabling Director Higher Education to file fresh supplementary affidavit, in terms of order dated 24.07.2021. Director Higher Education while filing supplementary affidavit in terms of order dated 24.07.2021, may carefully go through the order dated 24.07.2021, so that all the queries raised in the aforesaid order dated 24.07.2021, are answered in the supplementary affidavit to be filed in terms of instant order.
List on 10.05.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS United India Insurance Company Ltd. vs. Parveen Kumar & Anr.
CMP No. 3470 of 2022 in FAO No. 48 of 2018 .
06.04.2022 Present Dr. Lait Kumar Sharma, Advocate, for the non-
applicant/appellant.
Mr. Ashok Kumar Verma, Advocate, for applicant/respondent No.1.
CMP No.3470 of 2022By way of instant application filed under Section 151CPC, prayer has been made on behalf of the applicant/appellant for recalling the order dated 5.3.2022, passed by this Court in CMP No 15089 of 2021, whereby prayer made on behalf of applicant/respondent No.1 for release of award amount lying deposited in the Registry of this Court, came to be allowed.
Perusal of order dated 5.3.2022, passed by this Court in CMP No. 15089 of 2021, reveals that on 5.3.2022, learned counsel representing the non-applicant/appellant, on instructions, apprised this Court that SLP having been filed by the non-applicant/appellant laying therein challenge to judgment dated 26.7.2021, passed by this Court in FAO No.48 of 2018 stands dismissed and as such, this Court proceeded to decide the application having been filed by applicant/respondent No.1 for release of award amount lying deposited in the Registry of this Court.
Now by way of instant application, order dated 5.3.2022, passed by this Court in CMP No. 15089 of 2021, is sought to be recalled/reviewed on the ground that SLP having been filed by the applicant/appellant against the judgment dated 26.07.2021, passed by this Court in FAO No, 48 of 2018, is still pending adjudication. Since, order dated 5.3.2022, came to be passed on the statement made by ::: Downloaded on - 07/04/2022 20:11:44 :::CIS learned counsel representing the applicant/appellant that SLP having .
been filed by the non-applicant/appellant stands finally decided coupled with the fact that award amount in terms of order dated 5.3.2022 already stands released in favour of respondent No.1, prayer made in the instant application, cannot be allowed, at this stage.
Consequently, in view of the above, present application is disposed of, as having rendered infructuous.
(Sandeep Sharma)
r Judge
6th April, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Bhupender Singh vs.State of H.P. & Ors.
CWP No.760 of 2020 a/w CWPOA No. 3166 of 2019 .
CWP No.760 of 202006.04.2022 Present Mr. R.S. Chandel, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for respondents No.1 to 4/State.
CWPOA No. 3166 of 2019Mr. L.N. Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondents/State.
Mr. R.S. Chandel, Advocate, for respondent No.5.
CWP No.760 of 2020As per report of the Registry, notice issued to respondent No.5 has been received back with the report that addressee has died.
In view of the above, learned counsel representing the petitioner prays for and is granted two weeks' time to file appropriate application for bringing on record LRs, if any, of deceased respondent No.5. List thereafter.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Rajesh Kumar vs. HRTC CWP No.2315 of 2020 .
06.04.2022 Present Mr. Rakesh Kumar Dogra, Advocate, for the petitioner.
Ms. Shubh Mahajan, Advocate, for the respondent-HRTC After having heard the parties for some time, this Court deems it necessary to peruse the record of inquiry.
In view of the above, learned counsel representing the respondent-HRTC is directed to make available record of inquiry, on the next date of hearing.
List on 28.04.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Suresh Kumar vs. Jeevan Kumar & Anr.
Cr. Revision No.34 of 2022.
06.04.2022 Present Mr. D.N. Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for respondent No.2/State.
As per report of the Registry, order dated 12.01.2022, stands duly complied with.
r to Learned counsel representing the petitioner prays for and is granted one week's time to take steps for the service of respondent No.1 enabling the Registry to issue notice, returnable within four weeks, failing which, this Court shall have no option, but to dismiss the case for non-prosecution.
Name of learned Advocate General may be reflected in the cause list, henceforth.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kailash Chand vs. State of H.P. Cr.MP(M) No.615 of 2022 .
06.04.2022 Present Mr. Vijender Katoch, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
ASI Pradhan Singh, I.O., Women Police Station, Dharamshala, present with record.
Pursuant to order dated 23.03.2022, respondent-State has fled status report, perusal whereof reveals that FSL report qua the data contained in mobile allegedly used by bail petitioner for clicking obscene photographs of victim/prosecutrix is still awaited.
Learned Additional Advocate General undertakes to make available report of FSL within a period of two weeks.
List on 26.04.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Shriram General Insurance Co. vs. Geeta Devi & ors.
FAO(MVA) No.198 of 2020.
06.04.2022 Present Mr. Virender Sharma, Advocate, for the appellant.
Mr. Surinder Steta, Advocate, for respondents No. 1 to 3.
CMP No. 2847 of 2022By way of instant application filed under Section 151CPC, prayer has been made on behalf of the applicants/respondents No.1 to 3, for release of award amount lying deposited in the Registry of this Court.
Learned Counsel representing the non-
applicant/appellant prays for and is granted two weeks' time to file reply to the instant application.
List on 02.05.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS United India Insurance vs. Tameshwari Kumari & Ors.
FAO No.111 of 2021.
06.04.2022 Present Ms. Rajvinder Sandhu, Advocate, for the appellant.
Mr. Y.P. Sood, Advocate, for respondents No. 1 to 3.
CMP No. 2853 of 2022By way of instant application filed under Section 151CPC, prayer has been made on behalf of the applicants/respondents No.1 & 3, for release of award amount lying deposited in the Registry of this Court.
Learned Counsel representing the non-
applicant/appellant prays for and is granted one week's time to file reply. List thereafter.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Suresh Kaushal vs. State of H.P. & another CWP No. 4031 of 2021 .
06.04.2022 Present Mr. Nitin Thakur, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondents No. 1 & 2/State.
Mr. Sunil Mohan Goel, Advocate, for respondent No.3.
r to CMP No. 3633 of 2022 Reply to the application by non-applicants/respondents be filed within a period of one week, failing which, this Court shall have no option, but to decide the same on the basis of material already available on record.
CWP No. 4031 of 2021List on 27.04.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Satish Kumar vs. Smt. Uma Devi and another Cr.MP No.722 of 2022 in Cr.MMO No.266 of 2018 .
06.04.2022 Present Mr. Bhairav Gupta, Advocate, for the petitioner.
Mr. Rajul Chauhan, Advocate, for the respondents.
Cr.MP No.722 of 2022By way of instant application filed under Section 482 r to Cr.P.C, prayer has been made on behalf of applicant/respondent No.1, for release of amount deposited by the non-applicant/petitioner in terms of order dated 25.06.2018, whereby operation and execution of impugned judgment dated 15.05.2018, passed by Additional Sessions Judge(1), Mandi, District Mandi, H.P. in Criminal Revision No. 41/2011, was ordered to be stayed subject to deposit of 50% of maintenance amount by the non-applicant/petitioner in the Registry of this Court.
No reply is intended to be filed to the instant application on behalf of non-applicant/petitioner.
Learned counsel for the petitioner fairly states that amount deposited by non-applicant/petitioner in terms of order dated 25.06.2018, can be ordered to be released in favour of applicant/respondent No.1.
In view of the aforesaid fair stand adopted by learned counsel representing the non-applicant/petitioner, this Court sees no impediment in accepting the prayer made in the instant application and accordingly, the same is allowed. Registry is directed to release the amount deposited by non-applicant/petitioner in the Registry of this Court, in terms of order dated 25.06.2018 in favour of the applicant/respondent No.1, along with up-to-date interest by remitting ::: Downloaded on - 07/04/2022 20:11:44 :::CIS the same in her saving bank account, detail whereof is given in para-4 .
of the application, subject to the verification by the Accounts Branch.
Application stands disposed of.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ranvir Singh vs. Smt. Sardha Devi Cr. Revision No.69 of 2021 .
06.04.2022 Present Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate, for the petitioner.
Mr. J.S. Thakur, Advocate, for the respondent.
Cr.MP No.2318 of 2021Since, applicant/petitioner has already deposited/paid the amount in terms of order dated 05.08.2021, passed by this Court, present application has rendered infructuous and accordingly, same is disposed of.
Cr. Revision No.69 of 2021 & Cr.M.P No.523 of 2021 List on 05.05.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ranvir Singh vs. Smt. Sardha Devi Cr. Revision No.68 of 2021 .
06.04.2022 Present Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate, for the petitioner.
Mr. J.S. Thakur, Advocate, for the respondent.
Cr.MP No.2319 of 2021Since, applicant/petitioner has already deposited/paid the amount in terms of order dated 05.08.2021, passed by this Court, present application has rendered infructuous and accordingly, same is disposed of.
Cr.MP No.767 of 2021By way of instant application, permission has been sought by the applicant/petitioner to place on record certain documents, which may be relevant for adjudication of the case at hand.
Learned counsel representing the non-
applicants/respondents, prays for and is granted three weeks' time to file reply.
Cr.MP No.768 of 2022The application is disposed of with the direction that the applicant shall file the English translation in Hindi vernacular documents within four weeks.
Cr. Revision No.68 of 2021 & Cr.M.P No.522 of 2021 List on 05.05.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Dushyant Kumar vs. State of H.P. Cr.MP(M) No.754 of 2022 .
06.04.2022 Present Mr. L.N. Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
In the meanwhile, in the event of arrest of the applicant-
petitioner, in case FIR No. 29 of 2022, dated 01.04.2022, under Sections 409 and 420 of IPC, registered at Police Station Suni, District Shimla, H.P., he be released on bail on furnishing bail bonds in the sum of Rs.25000/-, with one surety in the like amount to the satisfaction of the Investigating Officer. Needless to add, the applicant-
petitioner shall also join the investigation on 07.04.2022 at 10.00 A.M. and as and when required by the Investigating Officer, shall not hamper the investigation and temper with the prosecution evidence in any manner. He shall also comply with the conditions as contained in Section 438 of the Code of Criminal Procedure.
List on 11.04.2022.
Copy dasti.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ashish Sahota vs. State of H.P. Cr.MP(M) No.757 of 2022 .
06.04.2022 Present Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
List on 11.04.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Gurjeet Singh vs. State of H.P. Cr.MP(M) No.758 of 2022 .
06.04.2022 Present Mr. Man Singh Chandel, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
List on 20.04.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Paramjeet Singh vs. State of H.P. Cr.MP(M) No.759 of 2022 .
06.04.2022 Present Mr. Man Singh Chandel, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
List on 20.04.2022.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Deepak Sharma vs. State of H.P. Cr.MP(M) No.761 of 2022 .
06.04.2022 Present Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals for the respondent/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
In the meanwhile, in the event of arrest of the applicant-
petitioner, in case FIR No. 0063 of 2022, dated 17.02.2022, under Sections 376 and 506 of IPC, registered at Police Station Sadar, Chamba, District Chamba, H.P., he be released on bail on furnishing bail bonds in the sum of Rs.25000/-, with one surety in the like amount to the satisfaction of the Investigating Officer. Needless to add, the applicant-petitioner shall also join the investigation on 07.04.2022 at 4.00 P.M. and as and when required by the Investigating Officer, shall not hamper the investigation and temper with the prosecution evidence in any manner. He shall also comply with the conditions as contained in Section 438 of the Code of Criminal Procedure.
List on 13.04.2022.
Copy dasti.
(Sandeep Sharma) Judge 6th April, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Hira La vs. State of H.P. Cr.MMO N.438 of 2021 .
30.03.2022 Present Ms. Meera Devi, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Rohit, Advocate, for respondent No.2.
List on 25.05.2022, as prayed for.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Lal Singh vs. State of H.P. & Anr.
Cr.MP(M) No.212 of 2022.
30.03.2022 Present Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Shiv Pal Manhans, Additional Advocate General and Mr. Bhupender Thakur, Deputy Advocate General, for the respondent/State.
ASI Lal Chand, Police Station Jognder Nagar, District Mandi, has come present with record.
r to Complainant, who otherwise happens to mother of the victim/prosecutrix, has come present. On being specifically asked her whether she wants to engage some lawyer, she stated that she has full faith in the counsel of State and does not want to engage any other lawyer. Though, respondent-State has filed status report and ASI Lal Chand, Police Station Jognder Nagar, District Mandi, has also come present with record, but since Court time is over, list this case on 08.04.2022, on which date, complaint need not to come present in the Court.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Suraj Sidhu vs. Kuldeep Sharma Cr.MPM No. 642 of 2022 .
30.03.2022 Present Mr. Jagat Pal, Advocate, for the applicant/appellant.
Cr.MP No. 642 of 2022Leave to appeal is granted. Application stands disposed of.
Cr. Appeal No.________2022 Be registered.
Admit.
Issue post admission notice to the respondent, returnable within four weeks, on taking steps within a period of one week.
Record of courts below be called for.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sharda Devi vs. Ram Dev FAO No.282 of 2019 .
30.03.2022 Present Mr. Jiya Lal, Advocate vice counsel, for the appellant.
Mr. Sunit Dutt, Advocate vice counsel, for the respondent.
List after two weeks, as prayed for.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sunder Lal vs. Kulbhushan & Ors.
RSA No.182 of 2021.
30.03.2022 Present Ms. Sunita Sood, Advocate, for the appellant.
Mr. Sandeep Sharma, Advocate, for respondents No.1 to 4. Mr. Rajul Chauhan, Advocate, for respondent No.5.
CMP No.12445 of 2021Reply as well as rejoinder thereto, are stated to have been filed, but the same are not on record. Registry to trace and place the same on record, if in order. List thereafter.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Rajesh Kumar vs. Kulbhushan & Ors.
RSA No.181 of 2021.
30.03.2022 Present Ms. Sunita Sood, Advocate, for the appellant.
Mr. Sandeep Sharma, Advocate, for respondents No.1 to 4. Mr. Rajul Chauhan, Advocate, for respondent No.5.
CMP No.12440 of 2021Reply as well as rejoinder thereto, are stated to have been filed, but the same are not on record. Registry to trace and place the same on record, if in order. List thereafter.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vikas Kumar vs. Manju Kumari Cr. Revision No. 311 of 2021 .
30.03.2022 Present Mr. Rohit, Advocate vice Mr. Y.P. Sood, Advocate, for the petitioner.
Mr. Naresh K. Sharma, Advocate vice counsel for the respondent.
Learned counsel representing the respondent prays for and is granted four weeks' time to file reply to application bearing Cr.MP No.2349 of 2021. List thereafter.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kamla Devi vs. State of H.P. Cr.MMO No. 629 of 2021 a/w Cr.MMO Nos.608 & 610 of 2021 .
30.03.2022 Present None for the petitioners.
Mr. Shiv Pal Manhans, Additional Advocate General and Mr. Bhupender Thakur, Deputy Advocate General, for respondent No.1.
None for respondent No.2.
Since, there is none to represent the petitioners, list this matter after two weeks.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sarwan Kumar vs. Mohar Singh RSA No. 549 of 2009 .
30.03.2022 Present Mr. Praneet Gupta, Advocate, for the appellant/applicant.
Mr. Manish Sharma, Advocate vice counsel, for respondents/non-applicants No.1,2 & 4.
Respondents/non-applicants No.3(a) to 3(c) ex parte.
Applicants namely Patwari Rishi Kumr, Sh. Dharam Singh and Sh. Satya Dev, also come present in person.
rCMP No. 9572 of 2017Though pursuant to notice issued on 04.09.2021, applicant's witnesses have come present today for getting their statements recorded, but since learned original counsel representing the non-applicants/respondents is not present on account of some personal difficulty, prayer has been made on his behalf for deferring the examination of aforesaid applicant's witnesses.
In view of the above, Additional Registrar (J) is directed to fix fresh date for recording the statements of applicant's witnesses including applicant/appellant.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Dev Raj vs. HRTC CWPOA No. 3907 of 2019 .
30.03.2022 Present Mr. Ranvir Singh, Advocate, for the petitioner.
Mr. B.N. Sharma, Advocate, for the respondents.
List on 27.04.2022, as prayed for.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Hira Singh vs. State Execution Petition No.3 of 2022 .
30.03.2022 Present Mr. Devender K. Sharma, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
While placing on record the judgment dated 21.03.2022, whereby LPA No.202 of 2021, laying therein challenge to order dated 31.03.2021, passed by this Court in CWP No.2886 of 2020, has been dismissed, Mr. Devender K. Sharma, learned counsel representing the petitioner, states that now respondent-State shall have no option, but to execute the judgment, alleged to have been violated, in the instant proceedings.
Having carefully perused the reply filed in the instant petition on behalf of the respondents, this Court finds that judgment sought to be executed in the instant proceedings, was not being executed on account of pendency of LPA, having been filed by the respondents against the aforesaid judgment. Since, LPA, having been files by the appellant/State, has already been dismissed, respondents are now under obligation to execute the judgment forthwith.
Faced with aforesaid situation, learned Additional Advocate General prays for and is granted 10 days' time to do the needful, failing which, respondents shall remain present in the Court to explain as to why on account of their failure to comply with the direction passed in the judgment alleged to have been violated, order of attachment of their salary be not passed.
(Sandeep Sharma) Judge 30th March, 2022 ::: Downloaded on - 07/04/2022 20:11:44 :::CIS (reena) .
::: Downloaded on - 07/04/2022 20:11:44 :::CISSurveer Singh v. Jalam Singh Cr. R. No. 134 of 2021 .
30.03.2022 Present Mr. Naresh K. Tomar, Advocate, for the petitioner.
Learned counsel representing the petitioner, on instructions, states that petitioner has deposited the entire amount of compensation, awarded by the Court below in Trial Court. He further states that amount deposited by the petitioner, can be ordered to be released in favour of the respondent/complainant and thereafter, this Court while exercising power under Section 147 of Act, can proceed to compound the offence alleged to have been committed by the petitioner under Section 138 of Negotiable Instruments Act. However, this Court before considering the aforesaid prayer made on behalf of the petitioner, deems it fit to peruse the receipt of the amount, if any, deposited by the petitioner.
List on 18.04.2022, on which date, learned counsel for the petitioner would make available receipt qua amount deposited by the petitioner in the Trial Court. Apart from this, Registry of this Court may also call for the repprts from the Court of Additional Chief Judicial Magistrate, Court No.1, Rohru, District Shimla, in Criminal Complaint No.28-3 of 2018, with regard to deposit, if any, made by the petitioner, failing which, he shall remain present in the Court, on the next date of hearing.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kirpal Singh vs. Malkiat Singh RSA No.368 of 2009 .
30.03.2022 Present Mr. Ajay Sharma, Senior Advocate with Mr. Amit Jamwal, Advocate, for the appellant.
Mr. Kulbhushan Khajuria, Advocate, for respondent No.1.
Mr. Y.P.S Dhaulta, Advocate, for respondent No.2.
Learned Counsel representing the appellant states that despite repeated reminders, appellant has not come forward to impart him instructions and as such needful, could not be done, in terms of order dated 13.11.2019, whereby, matter was adjourned enabling him to ascertain the status of the parties as well as dispute in question.
Since, Mr. Ajay Sharma, learned Advocate, who was earlier representing the appellant, stands designated as Senior Advocate, this Court also granted time to Mr. Rakesh Chaudhary to file fresh Power of Attorney, but neither fresh Power of Attorney has been filed nor appellant has come forward to impart instruction in the office of Mr. Ajay Sharma, learned Senior Advocate and as such, he has no option, but to withdraw from the case.
Consequently, in view of the above, this Court has a reason to presume and believe that appellant is no more interest to prosecute the case and as such, same is dismissed in default.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sucha Singh vs. State of H.P. & ors.
CWP No. 1489 of 2020.
30.03.2022 Present Mr. Sanjeev Suri, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Learned Counsel representing the petitioner states that since respondents No.3 to 5 have already retired, their whereabouts are not known to him. He also states that otherwise also, no relief has been claimed against the aforesaid respondents and as such, their names may be ordered to be deleted from the array of parties.
Consequently, in view of the above, on the oral request having been made by learned counsel representing the petitioner, names of aforesaid respondents No.3 to 5, are ordered to be deleted from the array of parties. Registry to carry out necessary correction in the memo of parties on the basis of amended memo of parties to be filed by learned counsel representing the petitioner within a period of one week.
Since, pleadings in the case at hand are complete, now this matter be listed for final hearing on 15.05.2022.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Nathu Ram vs.HRTC CWPOA No. 2037 of 2020 .
30.03.2022 Present Mr. Bhim Raj Sharma, Advocate, for the petitioner.
Mr. Raman Jamalta, Advocate, for the respondents.
Reply on behalf of the respondents stands filed.
Learned Counsel representing the petitioner prays for and is granted four weeks' time to file rejoinder. In the meantime, cost, if not already deposited in terms of order dated 18.10.2017, be deposited, failing which, respondents would come present in the Court, on the next date of hearing.
List on 02.05.2022.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vijay Kumar Sharma vs. State of H.P. & ors.
Execution Petition No.2 of 2022 .
30.03.2022 Present Mr. Virbahadur Verma, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents. He prays for and is granted four weeks' time to file reply.
Needless to say, pendency of the Execution Petition, shall not be bar for the respondents/JDs to implement the award sought to be executed in the instant proceedings, if so advised.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS M/s Elnova Parma vs. State of H.P. Cr. Revision No.37 of 2022 .
30.03.2022 Present Mr. Pawan K. Sharma, Advocate, for the petitioners.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
Cr.MP No. 166 of 2022Though, reply to the application stands filed on behalf of the the non-applicant/respondent, but since, learned original counsel, who has to argue the case on behalf of the petitioners, is not present on account of personal difficulty, prayer has been made on his behalf for adjournment. Prayer allowed, as not opposed.
List on 04.05.2022.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vinod Kumar vs. Narayan Singh & ors.
CMP(M) No.314 of 2022.
30.03.2022 Present Mr. Sunil Thakur, Advocate, for the applicant.
Issue notice to the respondents, returnable within four weeks, on taking steps within a period of one week. List thereafter.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Bihari Lal vs. State.
Cr.MP(M) No.593 of 2022.
30.03.2022 Present Mr. Anup Rattan, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
Though, pursuant to order dated 21.03.2022, respondent-
State has filed status report, but since report of FSL with regard to DNA, is awaited, prayer has been made by learned Additional Advocate General for adjournment. Prayer allowed, as not opposed.
List on 19.04.2022, on which date, Investigating Officer besides filing fresh status report would also make available complete record of investigation.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ajay Kumar @ Kaka vs. State.
Cr.MP(M) No.592 of 2022.
30.03.2022 Present Mr. Anup Rattan, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
Though, pursuant to order dated 21.03.2022, respondent-
State has filed status report, but since report of FSL with regard to DNA, is awaited, prayer has been made by learned Additional Advocate General for adjournment. Prayer allowed, as not opposed.
List on 19.04.2022, on which date, Investigating Officer besides filing fresh status report would also make available complete record of investigation.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sohan Singh vs. HRTC & Ors.
CWP No.335 of 2022.
30.03.2022 Present Mr. Varun Chandel, Advocate, for the petitioner.
Mr. Ajit Singh Saklani, Advocate, for the respondents.
CMP No. 3045 of 2022By way of instant application, prayer has been made on behalf of the applicant/petitioner for correction of his father's name, which has been wrongly mentioned as Sh. Inder Singh instead of Sh.
Sunder Singh. It has been averred in the application that original name of father of the petitioner is Sh. Sunder Singh. Though, no error, if any, can be said to have been committed by this Court while passing of order dated 11.01.2022, especially when petitioner himself shown the name of his father as Sh. Inder Singh instead of Sh. Sunder Singh, but since real name of father of petitioner is Sh. Sunder Singh, prayer made in the instant application deserves to be allowed.
Consequently, in view of the above, present application is allowed and Registry of this Court is directed to correct the name of father of the petitioner from Sh. Inder Singh to Sh. Sunder Singh on the memo of parties.
Needless to say after necessary correction, in terms of instant order, fresh copy of order would be supplied to learned counsel representing the petitioner. Application stands disposed of.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS State of Himachal Pradesh & anr. vs. Balak ram & ors.
RFA No.191 of 2021.
30.03.2022 Present Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the appellants/State.
Mr. Ramesh Sharma, Advocate, for respondents No.1(a) to 1(f) & 2.
CMP No. 3145 of 2022By way of instant application, prayer has been made on behalf of the applicants/respondents No.1(b), 1(c), 1(d) and respondent No.2, for release of award amount falling in their shares.
No reply is intended to be filed to the instant application by the non-applicants/appellants.
Similar prayer, as has been made in the instant application, was made by the applicants vide CMP No. 392 of 2022, which was disposed of by this Court vide order dated 02.03.2022, directing the Registry of this Court to release 50% of award amount falling in the shares of aforesaid applicants, by remitting the same in their saving bank accounts, details whereof, are given in para-8 of the application, but since, amount ordered to be released pursuant to aforesaid order, is not deposited with the Registry of this Court, needful could not be done, in terms of aforesaid order dated 02.03.2022.
Since, subsequently, it transpired that amount sought to be released, is lying deposited with the Court of Additional District Judge-II, Shimla, fresh prayer in the instant application has been made on behalf of the applicants/respondents No.1(b), 1(c), 1(d) and respondent No.2, for release of award amount, lying deposited with the Court of Additional District Judge-II, Shimla.
::: Downloaded on - 07/04/2022 20:11:44 :::CISCareful perusal of material available on record reveals .
that land of applicants/respondents was acquired for construction of Chandernagar-Halaila road in the year 2004, but till today, applicants/respondents have been not paid complete payment, awarded by Land Acquisition Collector vide Award No. 10.2007, dated 19.05.2007 and Supplementary Award No.1/2008 dated 22.01.2002, which already stands enhanced vide award dated 31.05.2008, passed by learned Additional District Judge-II, Shimla, H.P. in Land Reference Petition under Section 18 of the Land Acquisition Act. Though, non-
applicants/appellants have filed appeal against the aforesaid enhanced order passed by Reference Court, but since considerable time is likely to be consumed in the final disposal of the same coupled with the fact that land of the applicants/respondents stands utilized for construction of road, this Court sees no impediment in accepting the prayer made in the application and accordingly, same is allowed. Court of learned Additional District Judge-II, Shimla, is directed to release 50% of award amount falling in the shares of aforesaid applicants/respondents No.1(b), 1(c), 1(d) and respondent No.2, by remitting the same in their saving bank accounts, details whereof are given in para-8 of the application bearing CMP No. 392 of 2022, subject to verification of the Accounts Branch. Ordered accordingly. Needless to say, remaining amount shall be kept in FDRs till further orders. Application stands disposed of.
In view of the afore-order passed in the instant application, order passed in CMP No. 392 of 2022, directing the Registry of this Court to release award amount in favour of applicants/respondents No.1(b), 1(c), 1(d) and respondent No.2, is hereby recalled.
::: Downloaded on - 07/04/2022 20:11:44 :::CIS.
CMP No. 3146 of 2022By way of instant application filed under Order 22 Rule10A read with Section 151 CPC, prayer has been made on behalf of the applicants/respondents to place on record factum with regard to death of respondent No.1(f) Smt. Belmu. Factum with regard to death of respondent No.1(f), Smt. Belmu, is taken on record. Application stands disposed of.
RFA No.191 of 2021Learned Deputy Advocate General prays for and is granted four weeks' time to take appropriate steps for bringing on record the LRs of deceased respondent No.1(f). List thereafter.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Smt. Shyama Ram vs. State of H.P. & ors.
CWP No.4429 of 2021.
30.03.2022 Present Mr. A.K. Gupta, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents.
CMP No. 3184 of 2022By way of instant application, prayer has been made on behalf of the applicant/petitioner to restrain non-applicants/respondents from dis-engaging the petitioner from the service.
Learned Deputy Advocate General prays for and is granted two weeks' time to file reply. In the meantime, service of the applicant/petitioner would not be dis-engaged, if not already dis-
engaged.
CWP No.4429 of 2021List on 07.04.2022.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS LAC & anr. vs. Ram Bhadur & others RFA No.298 of 2001 .
30.03.2022 Present Mr. Basant Pal, Advocate, for the appellants.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Vinay Kuthiala, Senior Advocate with Ms. Vandana Kuthiala, Advocate, for the applicants.
CMP No. 3320 of 2022By way of instant application, permission has been sought by the applicants to deposit the amount of differential compensation, as per their own calculations by way of demand draft.
For the reasons stated in the application, the same is allowed and applicants are permitted to deposit the amount, as sought to be deposited by way of instant application, within a period of one week. Needless to say, Registry of this Court, on receipt of aforesaid amount, shall invest the same in the shape of FDR till further orders.
CMP No. 7405 of 2021Reply to the application stands filed.
Learned counsel representing the non-
applicants/appellants, prays for and is granted four weeks' time to file rejoinder, List thereafter.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Nikhil Soni vs. State of H.P. .
Cr.MPM No.670 of 202230.03.2022 Present Mr. R.K. Gautam, Senior Advocate, with Mr. Rishab Chandel, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/ State.
Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent/State. He prays for and is granted time to file status report.
List on 12.04.2022.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Jakir vs. State of H.P. .
Cr.MPM No.673 of 202230.03.2022 Present Mr. T.K. Verma, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/ State.
appears and waives Mr. Arvind Sharma, learned Additional Advocate General, r service of notice on behalf of the respondent/State. He prays for and is granted time to file status report.
List on 13.04.2022.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sharda Devi vs. Vikram Singh .
FAO (MVA) No.36 of 202230.03.2022 Present Mr. Karan Singh Kanwar, Advocate, for the appellants.
Admit.
Post Admission notice be issued to the respondents, returnable within four weeks, on taking steps within a period of one week. In the meanwhile, record of learned court below be called for.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ramesh Chand vs. Dharam Pal .
FAO No.37 of 202230.03.2022 Present Mr. H.S. Rangra, Advocate, for the appellant.
FAO No.37 of 2022Admit.
Post Admission notice be issued to the respondents, returnable within four weeks, on taking steps within a period of one week. In the meanwhile, record of learned court below be called for.
CMP No.2906 of 2022Notice in the aforesaid terms. Subject to the applicant's depositing the entire award amount alongwith up-to-date interest, within a period of six weeks from today, operation/execution of the impugned award dated 11.01.2022, passed by learned Motor Accident Claims Tribunal, Mandi, District Mandi, H.P. in Claim Petition No.54/2021/2015, titled as Dharam Pal vs. Rajesh Katoch & anr. shall remain stayed.
Application stands disposed of.
CMP No.2907 of 2022Notice in the aforesaid terms.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Gursharn Kaur & Ors. vs. State of H.P. & another .
Cr.MMO No. 192 of 202230.03.2022 Present Mr. Naveen Kumar Dass, Advocate, for the petitioners.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondents No.1 & 2/ State.
Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 &
2. Separate notice be issued to respondent No.3, returnable within four weeks, on taking steps within a period of one week. In the meantime, reply, if any, be also filed by respondents No.1 & 2.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sandeep Upadhyay vs. Manoj Joshi .
Cr.MMO No. 520 of 201930.03.2022 Present Mr. Kul Bhushan Khajuria, Advocate, for the petitioner.
Mr. Satish Sharma, Advocate,for respondent No.1.
Last opportunity of one week, as prayed for, is granted to learned counsel representing the petitioner to take steps for the service of respondent No.4, enabling the Registry to issue notice, returnable within four weeks.
Power of Attorney on behalf of respondent No.3, is stated to have been filed by Ms. Hem Kanta Kaushal, Advocate, but the same is not on record. Registry to trace and place the same on record, if in order. Reply, if any, on behalf of respondent No.2, be also filed on or before the next date of hearing, failing which, right to file the same, shall be deemed to have been closed.
List on 05.05.2022. In the meantime, learned counsel representing the petitioner may also file rejoinder to the reply filed on behalf of respondent No.1.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Joint Commissioner vs. Ajay Singh .
Civil Revision No.59 of 202130.03.2022 Present Mr. Anubhav Chopra, Advocate, for the petitioners.
Civil Revision No.59 of 2021 & CMP No.12387 of 2021 Pursuant to notice issued to sole respondent, in terms of order dated 29.12.2021, Sh. Ajay Singh, sole respondent, has come present in person. He states that on account of his being un-employed, he is unable to engage lawyer and as such, some legal aid counsel, may be provided to him.
In view of the above, Ms. Sneh Bhimta, Advocate, is engaged as Legal Aid Counsel on behalf of the respondent. Registry is directed to make available complete paper book to the above-named counsel, enabling her to render proper assistance to this Court, on the next date of hearing. Besides above, above-named counsel, may also file reply, if any, to CMP bearing No.12387 of 2021, on or before the next date of hearing. Needless to say, above-named legal aid counsel, shall be entitled to fee, as per the schedule of the H.P. State Legal Services Authority.
Name of Ms. Sneh Bhimta, learned Legal Aid Counsel, representing the sole respondent, may be reflected in the cause-list, henceforth.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Dewan Chand vs. Shamsher Singh .
Criminal Revision No.369 of 2021 30.03.2022 Present Ms. Mamta, Advocate vice Mr. Rajeshwar Thakur, Advocate, for the petitioner.
Criminal Revision No.369 of 2021 Last opportunity of one week, as prayed for, is granted to learned counsel representing the petitioner to take steps for the service of sole respondent, enabling the Registry to issue notice, returnable within four weeks, failing which, this Court shall have no option, but to dismiss the case for non-prosecution.
Cr.MP No.2755 of 2021As per report of the Registry, in terms of order dated 30.12.2021, petitioner has deposited 50% of the compensation amount and has also furnished the bail bonds and as such, order dated 30.12.2021, is made absolute.
Alteration/Vacation/Modification on motion.
Application stands disposed of.
(Sandeep Sharma) Judge 30th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Raj Paul vs. District Collector .
RSA No. 76 of 201929.03.2022 Present Mr. Rohit, Advocate, for the appellants.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
CMPM No.309 of 2022By way of instant application filed under Order 22 Rule 3 read with Section 151CPC, prayer has been made on behalf of the applicants/appellants for substituting them in place of original appellant Sh. Roshan Lal, who has expired on 14.09.2021, as is evident from the Death Certificate, Annexure A-1.
No reply is intended to be filed on behalf of the non-
applicants/respondents.
Careful perusal of the averments contained in the application as well as documents annexed therewith, clearly reveals that appeal bearing RSA No. 76 of 2019 was filed by the original appellant Sh. Roshan Lal, who has expired on 14.09.2021, leaving behind applicants/appellants, as his LRs, as detailed in para-2 of the application, who have otherwise, approached this Court in the instant application for their substitution. Since right to sue survives in favour of the applicants/appellants, prayer made for their substitution in place of original deceased appellant Roshan Lal, deserves to be considered.
Consequently, in view of the above, present application is allowed and applicants/appellants, as detailed in para-2 of the application, are ordered to be substituted in place of deceased appellant Roshan Lal, whose name is otherwise ordered to be deleted ::: Downloaded on - 07/04/2022 20:11:44 :::CIS from the array of the parties. Registry to carry out necessary correction .
in the memo of parties on the basis of amended memo of parties to be filed by learned counsel representing the applicants/appellants within a period of 10 days. Applications stand disposed of.
CMP No.2838 of 2022The application is disposed of with the direction that the applicants/appellants shall file the English Translation of documents in issue within four weeks.
RSA No.76 of 2019Since, Mr. Rohit, learned Advocate has definite instructions to appear on behalf of newly impleaded appellants and has already filed Power of Attorney on their behalf, there is no necessity to issue notice.
Since, pleadings in the case at hand are complete and appeal stands already admitted, list this matter for final hearing in due course. Record of courts below, if not already received, be called for.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Mansoor Alam vs. Tanvi Goyal & another .
Civil Suit No.98 of 201829.03.2022 Present Mr. Hemant Thakur, Advocate, for the plaintiff.
Ms. Rinki Kashmiri, Advocate vice counsel, for defendant No.1.
Since, learned Mediator appointed by this Court sustained fracture, he was unable to do the mediation proceedings, in terms of order dated 11.09.2019. Though, learned counsel representing defendant No.1, states that there is no possibility of amicable settlement inter se parties, but since this Court had already referred the matter for mediation vide order dated 11.09.2019, let order, if any, with regard to failure of mediation proceedings be passed by learned Mediator.
Since, learned Mediator has now resumed the work, let this file be placed before him for doing the needful, in terms of order dated 11.09.2019. List thereafter.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS M/s JP Industries vs. Sunder Ram .
RFA No.71 of 201729.03.2022 Present Mr. G.D. Verma, Senior Advocate with Mr. B.C. Verma, Advocate, for the appellant.
Mr. Virender Thakur, Advocate, for respondents No.1 & 2.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Anil God, Advocate, for M/s Ultra Tech Cement Ltd.
CMP No.3008 of 2022 & RFA No.71 of 2017 For the reasons stated in the application, the same is allowed. Application stands disposed of.
Registry is directed to list this matter for final hearing on 18.05.2022, as agreed inter se parties.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS M/s JP Industries vs. Tohnu Ram .
RFA No.120 of 201829.03.2022 Present Mr. G.D. Verma, Senior Advocate with Mr. B.C. Verma, Advocate, for the appellant.
Mr. Virender Thakur, Advocate, for respondents No.1 & 2.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Anil God, Advocate, for M/s Ultra Tech Cement Ltd.
CMP No.3010 of 2022 & RFA No.120 of 2018 For the reasons stated in the application, the same is allowed. Application stands disposed of.
Registry is directed to list this matter for final hearing on 18.05.2022, as agreed inter se parties.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Oriental Insurance Company vs. Gopal & others.
FAO No.4021 of 2013.
29.03.2022 Present Mr. G.C. Gupta,Senior Advocate with Ms. Meera Devi, Advocate, for the appellant.
Ms. Shubh Mahajan, Advocate, for respondent No.1.
Mr. Ajay Kochhar, Advocate, for respondents No.2 & 3.
none for respondent No.4.
Mr. Inder Sharma, Advocate, for respondent No.5.
CMP No.3062 of 2021 & FAO No.4021 of 2013 By way of instant application filed under Section 151CPC, prayer has been made on behalf of applicant/respondent No.1, for release of award amount lying deposited in the Registry of this Court.
Learned Counsel representing the parties state that instead of deciding the application at hand, matter may be heard finally at an early date.
Consequently, in view of the above, present application is disposed of, as not pressed.
Registry is directed to list this matter for final hearing on 21.4.2022, as agreed inter se parties.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kala Devi vs. State of H.P. Cr.MP(M) No.657 of 2022 .
29.03.2022 Present Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
In the meanwhile, in the event of arrest of the applicant-
petitioner, in case FIR No. 54 of 2022, dated 22.03.2022, under Sections 306 and 34 of IPC, registered at Police Station Barmana, Tehsil Sadar, District Bilaspur, H.P., she be released on bail on furnishing bail bonds in the sum of Rs.25000/-, with one surety in the like amount to the satisfaction of the Investigating Officer. Needless to add, the applicant-petitioner shall also join the investigation on 30.03.2022 at 10.00 A.M. and as and when required by the Investigating Officer, shall not hamper the investigation and temper with the prosecution evidence in any manner. She shall also comply with the conditions as contained in Section 438 of the Code of Criminal Procedure.
List on 07.04.2022.
Copy dasti.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sanjeev Kumar vs. State of H.P. .
Cr.MP(M) No.621 of 202229.03.2022 Present Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
While placing on record status report, in terms of order dated 23.03.2022, learned Additional Advocate General states that though pursuant to order dated 23.03.2022, petitioner has joined the investigation and is fully cooperating, but since report of postmortem is yet to be received, interim bail granted to the petitioner, may not be made absolute, at this stage.
Consequently, in view of the above, the matter is adjourned for 07.04.2022, enabling the Investigating Agency to place on record report of postmortem. Till next date of hearing, interim order dated 23.03.2022, shall remain in force. Needless to say, petitioner shall keep on joining the investigation as and when required by the Investigating Agency.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Anju Devi vs. State of H.P. .
Cr.MP(M) No.620 of 202229.03.2022 Present Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
While placing on record status report, in terms of order dated 23.03.2022, learned Additional Advocate General states that though pursuant to order dated 23.03.2022, petitioner has joined the investigation and is fully cooperating, but since report of postmortem is yet to be received, interim bail granted to the petitioner, may not be made absolute, at this stage.
Consequently, in view of the above, the matter is adjourned for 07.04.2022, enabling the Investigating Agency to place on record report of postmortem. Till next date of hearing, interim order dated 23.03.2022, shall remain in force. Needless to say, petitioner shall keep on joining the investigation as and when required by the Investigating Agency.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sanjay Devi vs. State of H.P. .
Cr.MP(M) No.619 of 202229.03.2022 Present Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
While placing on record status report, in terms of order dated 23.03.2022, learned Additional Advocate General states that though pursuant to order dated 23.03.2022, petitioner has joined the investigation and is fully cooperating, but since report of postmortem is yet to be received, interim bail granted to the petitioner, may not be made absolute, at this stage.
Consequently, in view of the above, the matter is adjourned for 07.04.2022, enabling the Investigating Agency to place on record report of postmortem. Till next date of hearing, interim order dated 23.03.2022, shall remain in force. Needless to say, petitioner shall keep on joining the investigation as and when required by the Investigating Agency.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sunny vs. State of H.P. .
Cr.MP(M) No.521 of 202229.03.2022 Present Mr. Vinod Chauhan, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
Learned Deputy Advocate General states that on account of some miscommunication, Investigating Officer has been not able to come present with record and as such, matter may be adjourned.
Prayer allowed, as not opposed.
List on 06.04.2022, on which date, Investigating Officer besides filing fresh status report, would also make available complete record of investigation.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Union of India & another vs. Tashi Yangzum .
CMPM No. 298 of 202229.03.2022 Present Mr. Balram Sharma, ASGI, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents/State.
CMP(M) No.298 of 2022By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/petitioner for condonation of delay in filing the accompanying petition.
Learned counsel representing the non-
applicants/respondents fairly states that he does not intend to file any reply to the application and shall have no objection, in case prayer made in the application is allowed.
Having heard learned counsel representing the parties and perused the material available on record, this Court is convinced and satisfied that delay in maintaining the accompanying petition is neither intentional nor deliberate, rather same has occurred on account of the lengthy administrative process and as such, delay in filing the petition, which in my considered view has been sufficiently explained, is condoned. The application stands disposed of.
Civil Revision No._________2022 Be registered.
Admit.
Notice. Mr. Maan Singh, learned Advocate, appears and waives post admission notice on behalf of the respondents. List after ::: Downloaded on - 07/04/2022 20:11:44 :::CIS four weeks. In the meanwhile, record of learned court below be called .
for.
CMP No.________2022 Be registered.
Subject to the applicant/petitioner depositing the additional amount of compensation, within a period of eight weeks from today, operation and execution of impugned orders dated 12.03.2018 & 12.07.2018, passed by learned Additional District Judge, Kullu in Ex.
Pet. No.02/2016, titled Tashi Yangzum vs. Collector Land Acquisition and another, shall remain stayed. Application stands disposed of.
Copy dasti.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Desh Raj Thakur vs. State of H.P. & ors.
.
CWPOA No.2622 of 201929.03.2022 Present Mr. Ramakant Sharma, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents/State.
CMP-T No.172 of 2022r By way of instant application filed under Section 151CPC, prayer has been made on behalf of the applicant/petitioner for placing on record certain documents, which may be relevant for adjudication of the case at hand.
No reply is intended to be filed to the instant application.
For the reasons stated in the application, the same is allowed and documents intended to be placed on record by way of instant application, is ordered to be taken on record. Application stands disposed of.
CWPOA No.552 of 2020Since pleadings in the case at hand are complete and parties are duly represented, list this matter for final hearing on 29.04.2022.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Satish Kumar vs. State of H.P. & ors.
.
CWPOA No.552 of 202029.03.2022 Present Ms. Ranjana Parmar, Senior Advocate with Mr. Karan Singh Parmar, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents/State.
CMP-T No.136 of 2022 & CWPOA No.552 of 2020 For the reasons stated in the application, the same is allowed. Application stands disposed of.
Registry is directed to list this matter for final hearing in the month of June, 2022.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sucha Singh vs. State of H.P. & ors.
.
CWPOA No.634 of 202029.03.2022 Present Ms. Ranjana Parmar, Senior Advocate with Mr. Karan Singh Parmar, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents/State.
CMP-T No.118 of 2022 & CWPOA No.634 of 2020 For the reasons stated in the application, the same is allowed. Application stands disposed of.
Registry is directed to list this matter for final hearing on 20.06.2022, as prayed for.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Manohar Lal vs. State of H.P. .
CWPOA No.6520 of 202029.03.2022 Present Mr. Surinder Saklani, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
CMP-T No.144 of 2022By way of instant application filed under Order 6 Rule 17 read with Section 151 CPC, prayer has been made on behalf of the applicant to file amended petition.
Learned Deputy Advocate General prays for and is granted four weeks' time to file reply. List thereafter.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Jasbir Kaur vs. HRTC .
CWPOA No.5148 of 202029.03.2022 Present Mr. Naresh K. Sharma, Advocate, for the petitioner.
Mr. Vikas Rajput, Advocate, for the respondents.
CMP-T No.92 of 2022 & CWPOA No.5148 of 2020 For the reasons stated in the application, the same is allowed. Application stands disposed of.
Registry is directed to list this matter for final hearing in the month of July, 2022.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kesari Devi vs. State of H.P & Ors.
.
CWPOA No.3824 of 202029.03.2022 Present Mr. Malay Kaushal, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondents No.1 to 3.
Mr. K.B. Khajuria, Advocate, for respondent No.4.
Reply on behalf of respondents No.1 to 3 as well as rejoinder thereto stand filed. Last opportunity of one week, as prayed for is granted to respondent No.4, to file reply, failing which, right to file the same shall be deemed to have been closed.
List on 07.04.2022.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Amarjeet Kaur vs. Ashiya & others.
.
CMPM No. 566 of 202029.03.2022 Present Mr. Deepak Kaushal, Advocate, for the applicants.
Mr. I.N. Mehta, Advocate, for respondent No.1.
Mr. Desh Raj Thakur, Advocate, for respondents No.4 & 5. Last opportunity of two weeks' as prayed for, is granted to learned counsel representing the applicants to take steps for the service of respondents No.2 & 3, enabling the Registry to issue notice, returnable within four weeks, failing which, this Court shall have no option, but to dismiss the application for non-prosecution.
In the meantime, learned counsel representing respondents No.4 & 5, may also file reply to the application, if not already filed.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Land Acquisition Collector vs. Roshan Lal .
RFA No.53 of 201629.03.2022 Present Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the appellants.
Mr. Mukesh Sharma, Advocate, for the respondents.
CMP No. 3081 of 2022For the reasons stated in the application, the same is allowed and delay, if any, in filing the accompanying Cross Objection, is hereby condoned and same is ordered to be taken on record.
Application stands disposed of.
CMP(M) No.321 of 2022By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicants/cross-
objectors/respondents for condonation of delay in filing the accompanying cross-objection.
Learned Deputy Advocate General, prays for and is granted four weeks' time to file reply to the application. List thereafter.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Puran Dutt vs. State of H.P. & another .
Cr. Revision No.280 of 201829.03.2022 Present Mr. Naresh Kumar Tomar, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Davinder Chauhan, Advocate, for respondent No.2.
Since, petitioner has been not able to come present on account of illness, prayer has been made on his behalf for adjournment. Prayer allowed, as not opposed. However, it is made clear that in case, on the next date of hearing, petitioner does not come, this Court would be constrained to cause his presence with the help and aid of police.
List on 08.04.2022.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Puran Dutt vs. State of H.P. & another .
Cr. Revision No.347 of 201729.03.2022 Present Mr. Naresh Kumar Tomar, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Davinder Chauhan, Advocate, for respondent No.2.
Since, petitioner has been not able to come present on account of illness, prayer has been made on his behalf for adjournment. Prayer allowed, as not opposed. However, it is made clear that in case, on the next date of hearing, petitioner does not come, this Court would be constrained to cause his presence with the help and aid of police.
List on 08.04.2022.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Parminder Singh vs. Subhashish Panda Raj Kumar Sharma vs. State of H.P. .
COPC No. 309 of 2021 & Ext. Pt. No.463 of 2020 29.03.2022 Present Ms. Babita, Advocate, for the petitioner(s).
Mr. K.D. Shreedhar, Senior Advocate with Ms. Sherya Chauhan, Advocate, for the respondents in COPC No. 309 of 2021.
Mr. Arvind Sharma, Additional Advocate General with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State in Ext. Pt. No. 463 of 2020.
Since, learned original counsel representing the petitioner is busy in arguing a case before Principal Division Bench, prayer has been made on his behalf for adjournment. Prayer allowed, as not opposed.
List on 12.04.2022.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Bhagwan Chand vs. Jai Krishan & ors.
RSA Nos. 157 and 158 of 2020 .
29.03.2022 Present Mr. C.N. Singh, Advocate, for the appellant (s).
Mr. Ajay Kumar, Senior Advocate with Mr. Sumit Sood, Advocate, for the respondents in both appeals.
RSA Nos. 157 and 158 of 2020 Admit on the following substantial question of law:-
"Whether the findings recorded by Courts below are result of mis-reading, mis-appreciation and mis-construction of oral and documentary evidence and thus being perverse are not sustainable?"
Post Admission notice. Mr. Sumit Sood, learned counsel, accepts the notice on behalf of the respondents.
Record be called for.
CMP No.3484 of 2021 & CMP No.4940 of 2021 The applications are disposed of with the direction that the applicant shall file the typed copy of Annexures along with the documents in issue within four weeks.
CMP No.6239 of 2020Pleadings are complete.
List for consideration after four weeks.
(Sandeep Sharma) Judge 29th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Bhagwan Chand vs. Jai Krishan & ors.
RSA Nos. 157 and 158 of 2020 .
28.03.2022 Present Mr. C.N. Singh, Advocate, for the appellant (s).
Mr. Ajay Kumar, Senior Advocate with Mr. Sumit Sood, Advocate, for the respondents in both appeals.
RSA Nos. 157 and 158 of 2020 Admit on the following substantial question of law:-
"Whether the findings recorded by Courts below are result of mis-reading, mis-appreciation and mis-construction of oral and documentary evidence and thus being perverse are not sustainable?"
Post Admission notice. Mr. Sumit Sood, learned counsel, accepts the notice on behalf of the respondents.
Record be called for.
CMP No.3484 of 2021 & CMP No.4940 of 2021 The applications are disposed of with the direction that the applicant shall file the typed copy of Annexures along with the documents in issue within four weeks.
CMP No.6239 of 2020Pleadings are complete.
List for consideration after four weeks.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Radha Rai & ors vs. Ajay Kuthiyala FAO No.195 of 2019 .
28.03.2022 Present Mr. I.N.Mehta, Advocate, for the appellant.
Mr. Dheeraj Kumar, Advocate Vice Mr. Pritam Singh Chandel, Advocate, for the respondents.
FAO No.195 of 2019Admitted on substantial question of law Nos. 1 to 3, formulated at page No.7 of the paper book.
Mr. Dheeraj Kumar, learned Advocate, appears and waives service of post admission notice on behalf of the respondents. Record of Courts below be called for.
List in due course.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Tarun Sharma vs. Ranjana Arnoldt Cr.MMO No.197 of 2022 .
28.03.2022 Present Mr. Navneet K. Bhalla, Advocate, for the petitioner.
Cr.MMO No.197 of 2022Issue notice to the respondent, returnable for 11.05.2022, on taking steps within a period of one week.
Cr.MP No.693 of 2022Notice in the aforesaid terms. Reply if any, be filed on or before the next date of hearing. In the meantime, operation and execution of order dated 15.02.2022, passed by learned Chief Judicial Magistrate, Solan, in case No.791/3/2014/3, shall remain stayed.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Mustkim vs. State of H.P. Cr. Revision No.147 of 2022 .
28.03.2022 Present Mr. Dheeraj K. Vashisht, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Gaurav Sharma, Deputy Advocate General, for the respondent.
Cr. Revision No.147 of 2022Admit.
Notice. Mr. Arvind Sharma, learned Additional Advocate General appears and waives service of notice on behalf of the respondent.
List on 10.05.2022. Record of learned Courts below be called for.
Cr.MP No.694 of 2022Notice in the aforesaid terms. Reply if any, be filed on or before the next date of hearing.
In the meantime, the substantive sentence imposed by the court below shall remain suspended, subject to the applicant's depositing entire fine amount, if not already deposited, within a period of four weeks and furnishing personal bond in the sum of Rs.10,000/-
with one surety in the like amount to the satisfaction of the trial Court within the same period with condition that the applicant shall appear in Court as and when directed and shall surrender to serve out the sentence imposed, in case the appeal is ultimately dismissed.
Copy Dasti.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Karan Singh& ors. vs. Sanjogita CMPMO No. 88 of 2022 .
28.03.2022 Present Mr. Vidushi Sharma, Advocate, for the petitioners.
CMPMO No. 88 of 2022Issue notice to the respondent, returnable within four weeks, on taking steps within a period of two days. List thereafter.
CMP No. 3091 of 2022Notice in the aforesaid terms. Reply,if any, be filed within four weeks. In the meanwhile, parties are directed to maintain status quo qua nature and possession of the suit property in question.
Copy dasti.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Roshan Lal & ors. vs. Parmeshwari Dass RSA No. 73 of 2022 .
28.03.2022 Present Ms. Shilpa Sood, Advocate, for the appellants.
RSA No. 73 of 2022 & CMP No.3140 of 2022 Issue notice to the respondent, returnable within four weeks, on taking steps within a period of one week. List thereafter.
r to (Sandeep Sharma)
Judge
28th March, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Roshan Lal & ors. vs. Rakesh Kumar RSA No. 72 of 2022 .
28.03.2022 Present Ms. Shilpa Sood, Advocate, for the appellants.
RSA No. 72 of 2022 & CMP No.3139 of 2022 Issue notice to the respondent, returnable within four weeks, on taking steps within a period of one week. List thereafter.
r to (Sandeep Sharma)
Judge
28th March, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Vishal vs. State of H.P. & ors.
Cr.MMO No.194 of 2022
.
28.03.2022 Present Mr. Rakesh Kumar Chaudhary, Advocate, for the
petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Gaurav Sharma, Deputy Advocate General, for respondent No.1/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of respondent No.1.
By way of present petition filed under Section 482 Cr.PC, prayer has been made for quashing of FIR No. 272, dated 30.08.2021, under Sections 363 & 366 of IPC and Section 12 of POCSO Act, 2012, registered with Police Station, Balh, District Mandi, H.P., against the petitioner, at the behest of complainant/respondent No.2, on the basis of compromise arrived inter se parties.
This court, with a view to ascertain the factum with regard to compromise, if any, arrived inter se parties, deems it fit to cause presence of respondents No.2 & 3, on the next date of hearing.
Learned counsel for the petitioner undertakes to cause presence of respondents No. 2 & 3, on the next date of hearing.
List on 05.04.2022, on which date, parties shall remain present in Court. In the meanwhile, learned Additional Advocate General to also verify the factum with regard to compromise, if any, arrived inter se parties.
(Sandeep Sharma) Judge 28th March, 2022 ::: Downloaded on - 07/04/2022 20:11:44 :::CIS (reena) .
rto ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Harbans Singh vs. State of H.P. & ors.
Cr.MMO No.155 of 2022.
28.03.2022 Present Mr. Arun Sehgal, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Gaurav Sharma, Deputy Advocate General, for respondents 1 to 3/State.
Notice. Mr. Arvind Sharma, learned Additional Advocate respondents No.1 to 3.
r to General, appears and waives service of notice on behalf of By way of present petition filed under Section 482 Cr.PC, prayer has been made for quashing of FIR No. 157/2020, dated 19.07.2020, under Sections 279 & 337 of IPC, registered with Police Station, Sadar, Bilaspur, District Bilaspur, H.P., against the petitioner, at the behest of complainants/respondents No. 4 to 6, on the basis of compromise arrived inter se parties.
This court, with a view to ascertain the factum with regard to compromise, if any, arrived inter se parties, deems it fit to cause presence of respondents No.4 to 6, on the next date of hearing.
Learned counsel for the petitioner undertakes to cause presence of respondents No. 4 to 6, on the next date of hearing.
List on 08.04.2022, on which date, parties shall remain present in Court. In the meanwhile, learned Additional Advocate General to also verify the factum with regard to compromise, if any, arrived inter se parties.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kala Devi vs. State of H.P. Cr.MPM No.657 of 2022 .
28.03.2022 Present Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Gaurav Sharma, Deputy Advocate General, for the State.
List on 29.03.2022, as prayed for.
28th March, 2022
to (Sandeep Sharma)
Judge
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Brij Lal vs. National Highway
CR No.41 of 2022
.
28.03.2022 Present Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki
Kashmiri, Advocate, for the petitioner.
Ms. Shreya Chauhan, Advocate, for respondents No.1 & 2. Mr. Arvind Sharma, Additional Advocate General with Mr. Gaurav Sharma, Deputy Advocate General, for respondent No.3/ State.
Notice. Ms. Shreya Chauhan, learned Advocate and Mr. Arvind Sharma, learned Additional Advocate General, appear and waive service of notice on behalf of respondents No.1 & 2 and respondent No.3, respectively. They pray for and are granted four weeks' time to file reply.
List on 11.05.2022.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kasturi Devi vs. Rajeev Sharma CR No.193 of 2015 .
28.03.2022 Present Mr. G.C. Gupta, Senior Advocate with Ms. Meera Devi, Advocate, for the petitioners.
Mr. Sumit Sood, Advocate, for respondent No.1. Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for respondents No. 2 & 3.
CR No.193 of 2015 & CMPs No.10980/2015 & 3542/2016 List on 26.04.2022, as prayed for.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Jeevan Khanna vs. Khem Chand through LRs Civil Revision No.29 of 2021 .
28.03.2022 Present Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar, Advocate, for the petitioner.
Mr. Arjun Lal, Advocate, for the respondents.
Further two weeks' time, as prayed for, is granted to learned counsel representing the petitioner to comply with the order dated 10.03.2022.
List on 29.04.2022.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kuldeep Kumar vs. Krishna Devi Civil Revision No.37 of 2021 .
28.03.2022 Present Mr. Ajay Sharma, Senior Advocate with Mr. Ajay Thakur, Advocate, for the petitioner.
Mr. Sanjay Dalmia, Advocate, for the respondent.
List on 21.04.2022, as prayed for.
28th March, 2022
(reena)
to (Sandeep Sharma)
Judge
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Biman Chauhan vs. Lalit Singh
Cr. Revision No.365 of 2021
.
28.03.2022 Present Mr. Sanjeev Kumar Suri, Advocate, for the petitioner.
Mr. Karan Singh, Advocate, for the respondent.
Though, report of the Registry reveals that petitioner has neither furnished bail bonds nor deposited 50% of compensation amount, in terms of order dated 17.02.2022, but learned counsel representing the petitioner, on instructions, states that order dated 17.02.2022, passed in Cr.MP No. 319 of 2022, stands duly complied with.
Admit.
Record of learned courts below be called for.
List for final hearing in the last week of April, 2022.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vikram Singh & another vs. State of H.P. Cr.MMO No.591 of 2021 .
28.03.2022 Present Mr. Ajay Kochhar, Mr. Vivek Sharma and Mr. Varun Chauhan, Advocates, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Gaurav Sharma, Deputy Advocate General, for the State.
Reply to the petition stands filed.
Learned counsel representing the petitioner prays for and is granted four weeks' time to file rejoinder.
List n 29.04.2022.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sudershan Verma vs. State of H.P. Cr.MMO No.747 of 2021 .
28.03.2022 Present Mr. Gautam Sood, Advocate, for the petitioner.
Mr. Arvind Sharma, Additional Advocate General with Mr. Gaurav Sharma, Deputy Advocate General, for the State.
Learned counsel representing the petitioner to verify whether CWP No. 1916/2009 and CWP No. 7084 of 2010, stand placed on record.
List next week.
decided, if so, copies of the judgments passed in these cases, may be (Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Jasbir Singh vs. Kanta Devi & Ors.
Civil Suit No. 61 of 2015.
28.03.2022 Present Mr. R.K. Bawa, Senior Advocate with Mr. Ajay Kumar, Advocate, for the plaintiff.
Mr. Subhash Chander, Advocate, for defendants No.1, 4 & 5.
Mr. Ramakant Sharma, Advocate, for defendants No 2(a) to 2(e).
r Mr. J.P. Sharma, Advocate, for defendant No.3.
On the basis of pleadings of the parties, following issues are framed:-
1. Whether the plaintiff is entitled for the relief of declaration, as prayed for? OPP
2. Whether the plaintiff is entitled for the relief of permanent prohibitory injunction, as prayed for?
OPP
3. Whether late Shri Kirlu Ram has executed a legal and valid Will, as alleged? OPD
4. Whether the plaintiff has no cause of action to file and maintain the present suit, as alleged? OPD
5. Whether the suit is not properly valued for the purpose of Court fee , as alleged ?OPD
6. Whether the suit is bad for non-joinder and mis-
joinder of necessary parties?OPD.
7. Whether the plaintiff is stopped by is own acts and deeds and acquiescences to file and maintain the present suit, as alleged?OPD
8. Whether late Shri Kailu Ram during his life time has disowned the plaintiff and Sh. Jai Chand from his movable and immovable properties, as alleged, if so, its effect ?OPD
9. Whether the suit is barred by Order 2 Rule 2 CPC, as alleged? OPD ::: Downloaded on - 07/04/2022 20:11:44 :::CIS
10. Whether the plaint is liable to be rejected under the provisions of Order 7 Rule 11 CPC, as alleged ?
.
OPD-1
11. Relief.
Issues read over and explained to learned counsel representing the parties. No other issue is sought to be raised by the parties.
Learned counsel representing the plaintiff, prays for and is granted three weeks' time to take steps for summoning plaintiff's witnesses. In the event of taking steps within aforesaid period, learned Additional Registrar (Judicial) to fix a date for the examination of plaintiff's evidence. In the meanwhile, documents/additional documents, if any, may also be filed by parties to lis.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Rajinder Chauhan vs. Gulabo Devi & ors.
CMP(M) No.609 of 2020.
28.03.2022 Present Ms. Anu Tuli Azta, Advocate, for the applicant.
Mr. Beli Ram Sharma, Advocate, for respondent No.1.
Ms. Shradha Karol, Advocate, for respondent No.3.
Mr. Beli Ram Sharma and Ms. Shradha Karol, learned Advocates, have filed Power of Attorney on behalf of respondent No.1 and respondent No.3, respectively. Since, despite service, none has come present on behalf of respondent No.2 and as such, he is ordered to be proceeded against ex parte.
List after two weeks. In the meantime, appearing respondents may also file reply, if any.
Record of courts below be called for.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Deepak Raj vs. State of H.P. CWPOA No.1536 of 2019 .
28.03.2022 Present Mr. Nimish Gupta, Advocate, for the petitioner.
Mr. Ajay Vaidya, Sr. Additional Advocate General, for the respondent-State.
Mr. Vikrant Thakur, Advocate, for respondent No.2.
Mr. Pankaj Sharma, Advocate, for respondents No.3,4 & 6 to 8.
List on 25.04.2022, as prayed for.
(Sandeep Sharma) Judge 28th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vinay Modi & ors. vs. State of H.P. & ors.
CWPOA Nos.1224 & 1386 of 2019 .
28.03.2022 Present Mr. Vijay K. Arora, Advocate, for the petitioner(s).
Mr. Arvind Sharma, Additional Advocate General with Mr. Gaurav Sharma, Deputy Advocate General, for the State.
Mr. Sunil Mohan Goel, Advocate, for the private respondents in CWPOA No. 1386 of 2019 List on 13.04.2022, as prayed for.
r (Sandeep Sharma)
Judge
28th March, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Blue Bells Project vs. Santosh Kumari RFA No.929 of 2012 .
28.03.2022 Present Mr. Basant Thakur, Advocate, for the appellants.
Mr. Rohit Kumar, Advocate, for respondent No.2.
List on 05.05.2022, as prayed for.
28th March, 2022
to (Sandeep Sharma)
Judge
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Bashira Bibi vs. Hamender Kumar & another RSA No.203 of 2020 .
28.03.2022 Present Mr. Sunil Chaudary, Advocate, for the appellant.
Mr. Vikrant Chandel, Advocate, for the respondents.
List on 17.05.2022, as prayed for.
28th March, 2022
to (Sandeep Sharma)
Judge
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
HPSEB Ltd. vs. Bahadur Singh
CMP No. 2887of 2022 in RFA No.100 of 2011 .
25.03.2022 Present Mr. T.S. Chauhan, Advocate, for the non-
applicant/appellant.
Mr. Pawanish Kumar Shukla, Advocate Vice Mr. Devendere K. Sharma, Advocate, for the applicants/respondents.
CMP No. 2887of 2022 By way of instant application filed under Section 151 CPC, prayer has been made on behalf of the applicants/respondents No. 4(a), 4(c), 4(d), 4(f) & 4(g), for release of award amount lying deposited in the Registry of this Court.
No reply is intended to be filed by the non-
applicant/appellant.
Having perused the averments contained in the application, which is duly supported by an affidavit, this Court finds that appeal bearing RFA No. 100 of 2011, having been filed by the non-
applicant/appellant stands finally decided vide judgment dated 13.06.2019. Since, no appeal whatsoever has been filed against the aforesaid judgment in the superior court of law, same has attained finality and as such, this Court sees no impediment in accepting the prayer made in the instant application.
Consequently, in view of the above, present application is allowed and Registry is directed to release the award amount with up-
to-date interest falling in the shares of applicants/respondents No.4(a), 4(c), 4(d), 4(f) & 4(g) by remitting the same in their saving bank accounts, details whereof are given in para-3 of the application, subject to the verification by the Accounts Branch. Needless to say ::: Downloaded on - 07/04/2022 20:11:44 :::CIS remaining amount falling in the shares of other applicants/respondents .
shall be kept in the form of FDR till further orders.
Application stands disposed of.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Brij Lal vs. H.P. State cooperative Agriculture Cr.MP No. 624 of 2022 in Cr. Revision Petition No.421 of 2018 .
25.03.2022 Present Mr. Sushant Vir Singh, Advocate, for the petitioner.
Mr. Narender Sigh, Advocate for the respondent-Bank.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Cr.MP No. 624 of 2022By way of instant application filed under Section 482 Cr.P.C, prayer has been made on behalf of the applicant/respondent for releasing the balance compensation amount lying deposited in the Registry of this Court in terms of order dated 29.11.2021, passed by this Court in Cr. Revision No. 421 of 2018, titled Brij Lal vs. H.P. State Cooperative Agriculture & another, whereby this Court while allowing the petition filed by the non-applicant/petitioner, set aside the judgment dated 09.05.2018, passed by learned Additional Sessions Judge-1, Mandi, District Mandi camp at Karsog in Cr. Appeal No. 42 of 1017 and judgment of conviction and order of sentence dated 23.06.2017/1.7.2017, passed by learned Judicial Magistrate 1 st Class, Karsog Mandi in Cr. Complaint No.95 of 2015 and directed the Registry of this Court to release the amount lying deposited with it, in favour of applicant/respondent by remitting the same in its bank account.
Though by way of instant application, prayer has been made to release the amount, in terms of the aforesaid direction issued by this court while passing of order dated 29.11.2021, but record made available in the case, clearly reveals that pursuant to direction contained in order dated 29.11.2021, sum of Rs.10,1471/-already ::: Downloaded on - 07/04/2022 20:11:44 :::CIS stands credited in bank account of applicant/respondent on 21.02.2022 .
and as such, nothing remains to be adjudicated in the instant application and accordingly, same is disposed of.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS State v. Deepak Kumar Cr. Appeal No. 328 of 2021 .
25.03.2022 Present Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the appellant.
Mr. Goldy Kumar, Advocate, for respondent No.1.
Mr. Amit Vaid, Advocate, for respondent No.2.
Mr. Lakshay Parihar, Advocate, for respondent No.3.
Since, respondent No.3 has failed to furnish personal bonds in terms of order dated 11.11.2021, this Court has no option, but to issue non bailable warrants against him.
Accordingly, non bailable warrants be issued against respondent No.3, returnable for 27.04.2022.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Harish Kumar vs. HRTC CWPOA No.4619 of 2020 .
25.03.2022 Present Mr. R.L Chaudhary, Advocate, for the petitioner.
Mr. Shyam Singh Chauhan, Advocate, for the respondents.
Inquiry report, in terms of order dated 14.03.2022, is stated to have been filed, but the same is not on record. Registry to trace and place the same on record, if in order. List thereafter.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Executive Engineer vs. Tek Chand Arbitration Case No. 14 of 2022 .
25.03.2022 Present: Mr. Vijay Singh Thakur, Advocate, for the petitioner.
Mr. Suneet Goel and Mr. Vivek Attri, Advocate, for the respondent.
OMP(M) No.02 of 2022Notice. Mr. Suneet Goel, learned counsel, appears and waives service of notice on behalf of the respondent.
By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/petitioner for condonation of delay in filing the accompanying Arbitration Case, but since, accompanying Arbitration Case has been filed within the prescribed time of limitation, learned counsel representing the applicant/petitioner seeks permission to withdraw the same.
Consequently, in view of the above, present application is dismissed, as withdrawn.
OMP No.70 of 2022Reply, if any, to the application be filed within four weeks.
Operation, execution and implementation of Award dated 07.08.2021, passed by learned Arbitrator, in Arbitration Case No.1 of 2019, titled Er. Tek Chand vs. The Executive Engineer, shall remain stayed, subject to deposit of entire award amount, within a period of six weeks.
Arbitration Case No. 14 of 2022 Learned counsel representing the respondent prays for and is granted four weeks' time to file reply. List thereafter.
Name of Mr. Suneet Goel and Mr. Vivek Attri, learned Advocates, representing the respondent, be reflected in the cause list henceforth.
(Sandeep Sharma) Judge 25th March, 2022 ::: Downloaded on - 07/04/2022 20:11:44 :::CIS (reena) .
::: Downloaded on - 07/04/2022 20:11:44 :::CISExecutive Engineer vs. Tek Chand Arbitration Case No. 13 of 2022 .
25.03.2022 Present: Mr. Vijay Singh Thakur, Advocate, for the petitioner.
Mr. Suneet Goel and Mr. Vivek Attri, Advocate, for the respondent.
OMP(M) No.01 of 2022Notice. Mr. Suneet Goel, learned counsel, appears and waives service of notice on behalf of the respondent.
By way of instant application filed under Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/petitioner for condonation of delay in filing the accompanying Arbitration Case, but since, accompanying Arbitration Case has been filed within the prescribed time of limitation, learned counsel representing the applicant/petitioner seeks permission to withdraw the same.
Consequently, in view of the above, present application is dismissed, as withdrawn.
OMP No.69 of 2022Reply, if any, to the application be filed within four weeks.
Operation, execution and implementation of Award dated 07.08.2021, passed by learned Arbitrator, in Arbitration Case No.1 of 2019, titled Er. Tek Chand vs. The Executive Engineer, shall remain stayed, subject to deposit of entire award amount, within a period of six weeks.
Arbitration Case No. 13 of 2022 Learned counsel representing the respondent prays for and is granted four weeks' time to file reply. List thereafter.
Name of Mr. Suneet Goel and Mr. Vivek Attri, learned Advocates, representing the respondent, be reflected in the cause list henceforth.
(Sandeep Sharma) Judge 25th March, 2022 ::: Downloaded on - 07/04/2022 20:11:44 :::CIS (reena) .
::: Downloaded on - 07/04/2022 20:11:44 :::CISMs. Maneesha Chauhan vs. Suresh Chauhan & another Civil Suit No.107 of 2020 .
25.03.2022 Present: Mr. G.C. Gupta, Senior Advocate with Ms. Meera Devi, Advocate, for the plaintiff.
Mr. Ajay Sharma, Senior Advocate with Mr. Amit Jamwal, Advocate, for defendant No.1.
Mr. Naresh Sharma, Advocate, for defendant No.2.
Civil Suit No.107 of 2020Written statement on behalf of defendants No.1 & 2 as well as counter-claim on behalf of defendant No.1, stand filed.
Replication to written statement also stands filed. Learned counsel representing the plaintiff prays for and is granted four weeks' time to file written statement to the counter-claim filed by defendant No.1. List thereafter.
OMP No. 426 of 2020Reply on behalf of non-applicant/defendant No.1, stands filed. Learned counsel representing non-applicant/defendant No.2, prays for and is granted four weeks' time to file reply.
OMP No.102 of 2021Learned counsel representing the non-
applicants/defendants, pray for and are granted four weeks' time to file reply.
OMP No.110 of 2021The application is disposed of with the direction that the applicant/plaintiff shall file the English translation of documents in issue within four weeks.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Dr. Puneet Pasricha vs. State of H.P. & Ors.
Cr.MMO No.477 of 2021.
25.03.2022 Present: Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Sushant Kareer, Advocate, for respondent No.2.
r to Though, in terms of order dated 25.02.2022, petitioner has come present, but respondent No.2/complainant has not come present. Learned counsel representing respondent No.2/complainant, on instructions, states that there is no possibility of amicable settlement inter se parties and as such, matter may be heard and decided on its own merit.
Though, this Court made serious endeavour to get the matter settled amicably, but since respondent No.2/complainant is not ready and willing to settle the matter amicably, this Court has no option, but to decide the petition at hand on its own merit.
In view of the above, list this matter on 22.04.2022, on which date, parties need not to come present.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vinod Kumar Rana vs. Sh. Anshuman Cr. Revision No. 362 of 2019 .
25.03.2022 Present: Mr. Vinod Chauhan, Advocate, for the petitioner.
Ms. Seema K. Guleria, Advocate, for the respondents.
Since record in the case bearing Cr.R. No. 99 of 2022, has not been received, prayer has been made for adjournment. Prayer allowed, as not opposed.
List next week along with Cr.R. No. 99 of 2022. In the meantime, Registry may send reminder to the court below for records, if not already received.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Laxmi Dass vs. Birbal & others.
RSA No. 34 of 2015.
25.03.2022 Present: Mr. Naresh Verma, Advocate, for the appellant.
Mr. Basant Pal, Advocate, for respondent No.1.
CMP Nos. 6731, 6736 & 6737 of 2021 Though, pleadings in the instant applications are complete, but learned counsel representing the non-
applicant/respondent No.1, prays for and is granted two weeks' time to place on record additional documents.
List on 20.04.2022.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ram Rattan vs. Municiap Corporation Shimla.
CWPOA No. 6679 of 2019.
25.03.2022 Present: Mr. Bhuvnesh Sharma, Advocate, for the petitioners.
Ms. Rita Thakur, Advocate, for respondent No.1.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
r to Reply on behalf of respondent No.1, is on record.
Learned Additional Advocate General prays for and is granted last opportunity of two weeks' time to file reply, failing which, right to file the same shall be deemed to have been closed.
List on 25.04.2022. In the meantime, learned counsel representing the petitioners, may also file rejoinder to the reply filed by appearing respondent.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Harish Chaudhary vs. Narinder Puri Civil Suit No. 33 of 2020 .
25.03.2022 Present: Mr. R.L. Verma, Advocate, for the plaintiff.
Mr. Janesh Gupta, Advocate, for the defendant.
Civil Suit No. 33 of 2020Written statement as well as replication thereto stand filed. Let the case at hand be listed for admission and denial of documents, on the date to be fixed by Additional Registrar (Judicial).
OMP No.192 of 2020Last opportunity of four weeks', as prayed for, is granted to non-applicant/defendant to file reply, failing which, right to file the same, shall be deemed to have been closed.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Virender Kumar vs. State of H.P. & ors.
CWPOA No.936 of 2020.
25.03.2022 Present: Mr. Vikrant Thakur, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
CMP-T No. 98 of 2022 & CWPOA No.936 of 2020 For the reasons stated in the application, the same is allowed. Application stands disposed of.
List this matter for final hearing in the first week of May, 2022.
Name of Mr. Vikrant Thakur, learned Advocate representing the petitioner, be reflected in the cause list henceforth.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS State of H.P. vs. Sandeep Negi Arbitration Case No. 8 of 2021 .
25.03.2022 Present: Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the petitioners-State.
Mr. J.S. Bhogal, Senior Advocate with Mr. T.S. Bhogal, Advocate, for the respondent.
Arbitration Case No. 8 of 2022Learned Additional Advocate General prays for and is granted four weeks' time to file rejoinder to the reply filed on behalf of the respondent, failing which, right to file the same, shall be deemed to have been closed. In the meantime, record of learned Arbitrator, if not already received, be called for.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS H.P. State Electricity Board vs. M/s Puri Oil Mills Ltd.
Arbitration Case No. 6 of 2022.
25.03.2022 Present: Mr. Surinder Saklani, Advocate, for the petitioner.
Ms. Vandana Kuthiala, Advocate, for the caveator/respondent.
OMP No. 27 of 2022Since in terms of order dated 19.01.2022, entire award amount has been deposited with the Registry of this Court, order dated 19.01.2022, is made absolute.
Alteration/Vacation/Modification on motion.
Application stands disposed of.
Arbitration Case No. 6 of 2022Further four weeks' time, as prayed for is granted to learned counsel representing the respondent to file reply, failing which, right to file the same, shall be deemed to have been closed.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Geeta Ram vs. State of H.P. & ors.
CWPOA No.3364 of 2020.
25.03.2022 Present: Mr. Naveen K. Dass, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Vikrant Thakur, Advocate, for respondent No.5.
CMP-T No. 100 of 2022 & CWPOA No.3364 of 2019 For the reasons stated in the application, the same is allowed. Application stands disposed of.
List this matter for final hearing in the last week of April, 2022. In the meantime, pleadings, if not already completed, be also completed.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Rajesh Kumar vs. State of H.P. & ors.
CWPOA No.1554 of 2019.
25.03.2022 Present: Mr. P.P. Chauhan, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Vikrant Thakur, Advocate, for respondent No.5.
CMP-T No. 142 of 2022 & CWPOA No.1554 of 2019 For the reasons stated in the application, the same is allowed. Application stands disposed of.
List this matter for final hearing in the last week of May, 2022, as jointly agreed inter se parties.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Raman Verma vs. H.P. Staff Selection Commission, Hamirpur CWPOA No.3962 of 2019 .
25.03.2022 Present: Mr. M.S. Katoch, Advocate, for the petitioner.
Mr. Angrez Kapoor, Advocate, for the respondent.
CMP-T No. 128 of 2022By way of instant application, permission has been sought by the applicant/petitioner for placing on record certain documents, which may be relevant for adjudication of the case at hand.
No reply is intended to be filed to the instant application.
For the reasons stated in the application, the same is allowed and documents intended to be filed (annexed with the application) are ordered to be taken on record, as Annexure A-20 to Annexure A-22. Application stands disposed of.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Charan Dass vs. State of H.P. & ors.
CMP-T No. 108 of 2022 & CMP(M) No. 282 of 2022 in CWP No. 2751 .
of 2012 25.03.2022 Present: Mr. Kul Bhushan Khajuria, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
CMP-T No. 108 of 2022 & CMP(M) No. 282 of 2022 Learned Additional Advocate General prays for and is granted four weeks' time to file reply. List thereafter.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Smt. Shanto Devi vs. Yash Pal FAO(HMA) No. 281 of 2018 .
25.03.2022 Present: Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for the appellant.
Mr. Vijay Chaudhary, Advocate, for the respondent.
CMP No. 2347 of 2022 & FAO(HMA) No. 281 of 2018 For the reasons stated in the application, the same is July, 2022.
allowed. Application stands disposed of.
List this matter for final hearing in the month of In the meantime, arrears, if any, on account of maintenance pendente lite/ expenses of litigation, be deposited in the Registry of this Court.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Geepla Devi vs. State of H.P. & ors.
CWP No. 2694 of 2017.
25.03.2022 Present: Mr. Anil Kumar, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents-State.
CMP No. 2728 of 2022 & CWP No. 2694 of 2017 For the reasons stated in the application, the same is allowed. Application stands disposed of.
List this matter for final hearing in the 1 st week of May, 2022.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Hosal Dolma vs. Vijay Pratap RSA No. 4014 of 2013 .
25.03.2022 Present: Mr. janesh Gupta, Advocate, for the appellant.
Mr. Naresh Kumar Verma, Advocate, for the respondent.
CMP No. 2834 of 2022 & RSA No. 4014 of 2013 For the reasons stated in the application, the same is allowed. Application stands disposed of.
List this matter for final hearing in the month of June, 2022, as agreed inter se parties.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vijender Sen vs. State of H.P. Cr.MPM No. 636 of 2022 .
25.03.2022 Present: Mr. Vinay Sharma, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Notice. Mr. Arvind Sharma, learned Additional Advocate General appears and waives service of notice on behalf of the State.
He prays for and is granted time to file status report.
List on 11.04.2022.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Pushpinder Kumar vs. Mangtu CMPMO No. 82 of 2022 .
25.03.2022 Present: Mr. Jagdish Thakur, Advocate, for the petitioner.
CMPMO No. 82 of 2022Notice be issued to the respondent, returnable within four weeks, on taking steps within a period of one week.
CMP No. 3030 of 2022Notice in the aforesaid terms. Reply, if any, be filed within four weeks. In the meantime, further proceedings in Civil Suit No.184/2020, titled Mangtu vs. Pushpinder Kumar, shall remain stayed.
Copy dasti.
7(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Surendera Devi vs. State of H.P. & ors.
CWPOA No.4601 of 2019.
25.03.2022 Present: Mr. Dalip K. Sharma, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Sanjeev Bhushan Senior Advocate with Rajesh Kumar, Advocate, for respondents No.5 & 6.
CMP-T No.145 of 2022 & CWPOA No.4601 of 2019 For the reasons stated in the application, the same is allowed. Application stands disposed of.
List this matter for final hearing in the month of May, 2022, as jointly agreed inter se parties.
(Sandeep Sharma) Judge 25th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS State of H.P. vs. Vinod Kumar & another Cr. Appeal No.131 of 2021 .
24.03.2022 Present Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the the appellant.
Mr. Kush Sharma, Advocate, for respondent No.2.
Cr.MP No.630 of 2022By way of instant application filed under Section 82 of Cr.P.C, prayer has been made on behalf of the applicant/State, for declaring respondent/accused No.1, as proclaimed offender because applicant/State has been not been able to serve him at the given address, and his whereabouts are not known. Since, despite best efforts put in by applicant/State, respondent No.1, could not be served, applicant/State has approached this Court by way of instant application, for initiation of proclamation proceedings against respondent No.1.
Consequently, in view of the above, present application is allowed. Applicant/State is directed to take steps for issuance of proclamation proceedings/notice against the respondent No.1 within a period of one week, whereafter Registry shall issue proclamation notice against respondent No.1, as per procedure, returnable for 25.4.2022.
Application stands disposed of.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Mohar Singh vs. NCB Cr. Revision No.209 of 2020 .
24.03.2022 Present Mr. B.L. Soni, Advocate, for the petitioner.
Ms. Tamna, Advocate, for the respondent.
Since Court time is over, list this matter for final hearing on 11.04.2022.
r to (Sandeep Sharma)
Judge
24th March, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Malcolm Philip Frankin vs. State of H.P. & ors.
Cr.MMO No. 657 of 2019 a/w Cr.MMO No. 29 & 172 of 2019 .
Cr.MMO No. 657 of 20124.03.2022 Present Mr. Vijay Arora, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Vivek Sharma, Advocate, for respondent No.4.
Cr.MMO No. 29 of 2019Mr. Arjun Lal, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Vivek Sharma, Advocate, for respondent No.4.
Cr.MMO No. 172 of 2019Mr. Arjun Lal, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Vivek Sharma, Advocate, for respondent No.7.
Since Court time is over, list this matter for hearing on 19.04.2022. In the meantime, interim orders dated 11.01.2019 & 1.11.2019 shall remain in force.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Smt. Bhagwati Kanwar vs. Chandershwar Prasad Civil Suit o. 64 of 2008 .
24.03.2022 Present Mr. Vivek Sharma, Advocate, for the plaintiffs.
Mr. Ajeet Jaswal, Advocate, for defendant No.1.
Mr. G.S. Rathore, Advocate, for defendant No.2.
List on 12.05.2022, as prayed for.
r to (Sandeep Sharma)
Judge
24th March, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Ram pal sood vs. State of H.P.
.
CWPOA No. 673 of 2019 with CWPOA Nos. 972, 986, 1019, 1029, 1040, 1048, 1082, 1087, 1095, 1101, 1102, 1103, 1106, 1108, 1109,1111, 1112, 1117, 1121, 1127, 1130,1135, 1139, 1141, 1143, 1146, 1148, 1151, 1155, 1162, 1163, 1174, 1175, 1178, 1181, 1216, 1221, 1232 and 1363 of 2019.
24.03.2022 Present: Ms. Ranjana Parmar, Senior Advocate with Mr. Karan Singh Parmar, Advocate, Mr. Lovneesh Kanwar, Mr. Pawan K. Sharma and Mr. Mukul Sood, Advocate, for the respective petitioners.
Mr. Ajay Vaidya, Sr. Additional Advocate General with Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
List on 04.04.2022, as prayed for.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Shamsher Singh vs. State of H.P. & ors.
CWPOA No.4363 of 2020.
24.03.2022 Present Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
List on 11.04.2022, on which date, learned Additional Advocate General to produce record of the inquiry conducted by the Inquiry Officer.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vikas Balouria vs. State of H.P. CWPOA No.1829 of 2020 .
24.03.2022 Present Mr. Naresh Kaul, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Sanjeev Kumar, Advocate, for respondent No.2.
r to Mr. Anubhav Chopra, Advocate, for respondent No.6.
List after two weeks, as prayed for.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Attar singh & others vs. State of H.P. & ors.
CWPOA No.6543 of 2019.
24.03.2022 Present Mr. L.N. Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
List on 26.04.2022, as prayed for.
r (Sandeep Sharma)
Judge
24th March, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
B.B. Gupta vs. HPSCSC
CWPOA No.2882 of 2020
.
24.03.2022 Present Mr. Lokender Paul Thakur, Advocate, for the petitioners.
Mr. Mandeep Chandel, Advocate, for respondents No.1 & 3.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
List on 10.05.2022, as prayed for.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Neelama Devi & ors. vs Narotami Devi RSA No. 526 of 2016 .
24.03.2022 Present Mr. Ishan Sharma, Advocate, for the appellants.
Mr. Surinder Saklani, Advocate, for the respondent.
List on 29.04.2022, as prayed for.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Surender Pal vs. State of H.P. & ors.
CWPOA No.1527 of 2020.
24.03.2022 Present Mr. Ashok Kumar, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. Jitender Thakur, Advocate, for respondent No.5.
List on 06.04.2022, as prayed for.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Saurabh vs.Suman Devi & others.
RSA No.61 of 2015.
24.03.2022 Present Mr. Divya Raj Singh, Advocate, for the appellant.
Mr. K.D. Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for respondents No.1 & 2.
CMP No. 8668 of 2021Pursuant to order dated 05.01.2022, Tehsildar Bhoranj, District Hamirpur, H.P. after having visited the spot, has submitted his report, perusal whereof reveals that appellant Saurabh Kumar has raised fresh construction over Khasra No. 586, situate at Tika Bhater in the shape of pucca building, in violation of order dated 19.04.2021, passed in CMP No.4505 of 2021, whereby parties were directed to maintain status quo qua nature and possession of the suit property and they were also restrained from alienating or creating third party interest qua the suit land.
Report further reveals that respondent Smt. Suman Devi has not raised any construction after passing of order dated 19.04.2021. Though, Mr. Divya Raj, learned counsel representing the appellant prays for three weeks' time to peruse the report submitted by the Tehsildar, but after having carefully perused the aforesaid report, this Court is prima facie convinced that appellant has violated the status quo order dated 19.04.2021, passed by this Court and as such, needs to be dealt with, in accordance with law.
List on 28.04.2022, on which date, appellant Saurabh Kumar shall remain present in the Court to explain that why contempt proceedings be not initiated against him for his having violated order dated 19.04.2021.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Joginder Singh vs. Jai Chand RSA No.618 of 2008 .
24.03.2022 Present None for the parties.
Court notices issued in terms of order dated 28.09.2021, returnable for 6.12.2021, have been received back unserved with the report that addressee has shifted to somewhere else.
Careful perusal of orders passed by this Court in the case at hand from time to time, clearly reveals that repeatedly matter came to be adjourned enabling the learned counsel representing the appellant to take steps for service of the respondent, but no steps were ever taken. On 3.4.2019, this court having taken note of the fact that Mr. Virender Singh Chauhan, who was earlier representing the appellant, stands designated as Senior Advocate, granted time to counsel representing the appellant on that day to file fresh Power of Attorney and take steps for ensuring service upon the sole respondent within two weeks, but fact remains that aforesaid order never came to be complied with. On 24.7.2021, Mr. Ajay Kashyap, learned counsel representing the appellant pleaded no instructions and as such, he was permitted to withdraw as counsel for the appellant. This Court with a view to ensure presence of the appellant, issued Court notices vide order dated 28.09.2021 on the address given in the memo of parties, but as has been taken note hereinabove, same have been received back with the report that addressee has shifted to somewhere else and as such, it appears that appellant is no more interested to prosecute the case further, ::: Downloaded on - 07/04/2022 20:11:44 :::CIS as such, this Court has not option, but to dismiss the case in .
default. Ordered accordingly.
(Sandeep Sharma)
Judge
24th March, 2022
(reena)
r to
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Om Parkash vs. Beasa Devi
Civil Suit No. 2 of 2016
.
24.03.2022 Present Mr. Ashok Sood, Senior Advocate with Mr. Abhishek Sood,
Advocate, for the plaintiff.
Mr. Bhupender Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate, for the defendant.
OMP Nos. 368 & 369 of 2021 Learned counsel representing the defendant, prays for and is granted further two weeks' time to file an undertaking, in terms of order dated 14.03.2022.
List on 07.04.2022.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Pratap Singh vs. Surjan Singh RSA No. 385 of 2018 .
24.03.2022 Present Mr. P.M. Negi, Advocate, for the appellant.
Mr. B.C. Verma, Advocate, for respondents No.1 to 6 and 8.
Mr. Balwant Thakur, Advocate, for respondents No. 7(b) and 7(c).
Respondent No.7(a) ex parte.
r to Since respondents No.7(b) and 7(c), have attained majority, learned counsel representing the appellant prays for and is granted four weeks' time to file appropriate application for discharge of their guardian. List thereafter.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Mehar Chand vs. Piara Singh RSA No. 358 of 2019 .
24.03.2022 Present Mr. Kush Sharma, Advocate vice Ms. Shreya Chauhan, Advocate, for the appellant.
Mr. Anup Rattan, Advocate, for respondent No.3.
CMP No. 7226 of 2019Since despite repeated opportunities, no reply has been filed to the application, order dated 22.08.2019 is made absolute.
Alteration/Vacation/Modification on motion.
Application stands disposed of.
RSA No. 358 of 2019Since, pleadings in the case at hand are complete, list this appeal for hearing in the month of August, 2022, as agreed inter se parties.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Prem Lata vs. State of H.P. CWPOA No.742 of 2020 .
24.03.2022 Present Mr. Rajesh Verma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondents No.1 to 4.
Last opportunity of one week, as prayed for, is granted to learned counsel representing the petitioner r to take steps for post admission service of respondent No.5, enabling the Registry to issue notice, returnable within four weeks.
Reply on behalf of respondents No. 1, 2 & 4, stands filed. Since, despite last opportunity, no reply has been filed on behalf of respondent No.3, in terms of order dated, 23.02.2022, right to file the same stands closed.
List after four weeks, as prayed for.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Dalip Singh vs. Yunus CMP No. 14574 of 2020 in COPC No. 201 of 2019 .
24.03.2022 Present Mr. Varun Chandel, Advocate, for the appellant.
Ms. Shubh Mahajan, Advocate, for the respondent.
Further two weeks' time, as prayed for, is granted to the respondent to make the balance payment on account of interest on delayed payments, failing which, Managing Director, HRTC, shall remain present in the Court, on the next date of hearing.
List on 08.04.2022.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS M/s Mohan vs. State of H.P. & ors.
Civil Suit No.104 of 2021.
24.03.2022 Present Mr. K.D. Sood, Senior Advocate with Mr. Mukul Sood, Advocate, for the plaintiff.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondents No.1, 2 & 4 State.
r to Ms. Shreya Chauhan, Advocate, for defendant No.3.
Mr. Pawan Sharma, Advocate, for defendant No.5.
Written statement on behalf of defendants No.3 & 4, stands filed.
Learned counsel representing the defendant No.5, prays for and is granted four weeks' time to file written statement. In the meantime, defendants No.1 & 2, may also file written statement, if required and desired.
Learned counsel representing the plaintiff prays for and is granted four weeks' time to file replication(s). List thereafter.
(Sandeep Sharma) Judge 24th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Raghu Nath vs. Krishanu Ram RSA No.10 of 2022 .
23.03.2022 Present Mr. Sumit Sood, Advocate, for the appellants .
Mr. Narender Sharma, Advocate, for the respondent.
RSA No.10 of 2022 & CMP No.546 of 2022 Mr. Narender Sharma, learned Advocate has filed Power of Attorney on behalf of the sole respondent. He prays for and is granted four weeks' time to file reply to the stay application. List thereafter.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Anju Devi vs. State of H.P. Cr.MP(M) No.620 of 2022 .
23.03.2022 Present Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Notice. Mr. Desh Raj Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
In the meanwhile, in the event of arrest of the applicant-
petitioner, in case FIR No. 54 of 2022, dated 22.03.2022, under Sections 306 and 34 of IPC, registered at Police Station Barmana, Tehsil Sadar, District Bilaspur, H.P., she be released on bail on furnishing bail bonds in the sum of Rs.25000/-, with one surety in the like amount to the satisfaction of the Investigating Officer. Needless to add, the applicant-petitioner shall also join the investigation on 24.03.2022 at 10.00 A.M. and as and when required by the Investigating Officer, shall not hamper the investigation and temper with the prosecution evidence in any manner. She shall also comply with the conditions as contained in Section 438 of the Code of Criminal Procedure.
List on 29.03.2022.
Copy dasti.
(Sandeep Sharma) Judge 23rd March, 2022 ::: Downloaded on - 07/04/2022 20:11:44 :::CIS (reena) .
::: Downloaded on - 07/04/2022 20:11:44 :::CISSanjeev Kumar vs. State of H.P. Cr.MP(M) No.621 of 2022 .
23.03.2022 Present Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Notice. Mr. Desh Raj Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
In the meanwhile, in the event of arrest of the applicant-
petitioner, in case FIR No. 54 of 2022, dated 22.03.2022, under Sections 306 and 34 of IPC, registered at Police Station Barmana, Tehsil Sadar, District Bilaspur, H.P., he be released on bail on furnishing bail bonds in the sum of Rs.25000/-, with one surety in the like amount to the satisfaction of the Investigating Officer. Needless to add, the applicant-petitioner shall also join the investigation on 24.03.2022 at 10.00 A.M. and as and when required by the Investigating Officer, shall not hamper the investigation and temper with the prosecution evidence in any manner. He shall also comply with the conditions as contained in Section 438 of the Code of Criminal Procedure.
List on 29.03.2022.
Copy dasti.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sanjay Devi vs. State of H.P. Cr.MP(M) No.619 of 2022 .
23.03.2022 Present Mr. Aditya Thakur, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Notice. Mr. Desh Raj Thakur, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. He prays for and is granted time to file status report, on the next date of hearing.
In the meanwhile, in the event of arrest of the applicant-
petitioner, in case FIR No. 54 of 2022, dated 22.03.2022, under Sections 306 and 34 of IPC, registered at Police Station Barmana, Tehsil Sadar, District Bilaspur, H.P., she be released on bail on furnishing bail bonds in the sum of Rs.25000/-, with one surety in the like amount to the satisfaction of the Investigating Officer. Needless to add, the applicant-petitioner shall also join the investigation on 24.03.2022 at 10.00 A.M. and as and when required by the Investigating Officer, shall not hamper the investigation and temper with the prosecution evidence in any manner. She shall also comply with the conditions as contained in Section 438 of the Code of Criminal Procedure.
List on 29.03.2022.
Copy dasti.
(Sandeep Sharma) Judge 23rd March, 2022 ::: Downloaded on - 07/04/2022 20:11:44 :::CIS (reena) .
::: Downloaded on - 07/04/2022 20:11:44 :::CISMukesh Kumar vs. State of H.P. Cr.MP(M) No.492 of 2022 .
23.03.2022 Present Mr. Vinod Kumar Gupta, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
SI Ajeet Singh, Police Station Sadar, District Una, present with record.
Though, pursuant to order dated 14.03.2022, respondent-
State has filed fresh status report and SI Ajeet Singh, Police Station Sadar, District Una, also come present with record, but since, learned Senior Counsel representing the petitioner is not present on account of some personal difficulty, prayer has been made on his behalf for adjournment. Prayer allowed, as not opposed.
List next week.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Parkash Chand Sharma vs.CSKHPKV & Anr.
CWPOA No.3658 of 2019.
23.03.2022 Present Mr. Sanjeev Bhushan, Senior Advocate with Mr. Naresh Kaul, Advocate, for petitioners No.1(i) to 1(iv) Mr. Amit Himalvi, Advocate, for the respondents.
CMP.M No.207 of 2022By way of instant application filed under Order 22 Rule 3 CPC, prayer has been made on behalf of the applicant/petitioner for bringing on record LRs of deceased petitioner Parkash Chand, who has expired on 08.12.2021, leaving behind his LRs, as detailed in para-
4 of the application, who have otherwise approached this Court in the instant application seeking therein their impleadment.
No reply is intended to be filed on behalf of the non-
applicants/respondents.
Averments contained in the application as well as documents annexed therewith, clearly reveals that petitioner, namely, Parkash Chand, has expired on 8.12.2021, as is evident from the Death Certificate, Annexure P-7, leaving behind his LRs, as detailed in Legal Heir Certificate, Annexure P-8. Since right to sue survives in the favour of the persons proposed to be substituted, there appears to be no impediment in accepting the prayer made in the application and accordingly, the same is allowed. LRs as detailed in Para-4 of the application are ordered to be substituted in place of deceased petitioner Parkash Chand, whose name is otherwise ordered to be deleted from the array of the parties. Registry to carry out necessary correction in the memo of parties on the basis of amended memo of parties annexed with the application. Applications stand disposed of.
::: Downloaded on - 07/04/2022 20:11:44 :::CIS CWPOA No.3658 of 2019.
Since, Mr. Naresh Kaul, Advocate has definite instructions to appear on behalf of newly impleaded petitioners No.1(i) to 1(iv) and has filed Power of Attorney on their behalf, there is no necessity to issue notice.
Since, pleadings in the case at hand are complete and parties are duly represented, list this matter for final hearing on 20.05.2022 along with CWPOA Nos. 3587, 2883, 2913, 2948, 2957, 2978,2981, 3046, 3056, 3077, 3080, 3637, 4932, 2920 and 2935 of 2019.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Bittu Singh vs. State of H.P. Cr.MP(M) No.259 of 2022 .
23.03.2022 Present Mr. Sanjeev Bhushan, Senior Advocate with Mr. Maan Singh, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
ASI Shesh Raj, Police Station Banjar, District Kullu.
Respondent-State has filed status report, perusal whereof reveals that vehicle involved in the alleged accident belongs to petitioner/accused Bittu Singh and two cases under NDPS Act, already stand registered against him in the State of Punjab.
Learned Senior Counsel, representing the petitioner prays for and is granted one week's time to have instructions.
List on 01.04.2022.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Dhyan Chand vs. State of H.P.& ors.
CWPOA No.5377 of 2019.
23.03.2022 Present Mr. M.C. Verma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondent No.1/State.
Mr. R.K. Bansal, Advocate, for respondents No.2 & 3.
CMP-T No. 70 of 2022 & CWPOA No.5377 of 2019 For the reasons stated in the application, the same is allowed. Application stands disposed of.
Registry is directed to list this matter for hearing on 13.06.2022, as prayed for.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Rakesh Thakur vs. Govt. of H.P. & ors.
CWPOA No.116 of 2019.
23.03.2022 Present Mr. P.D. Nanda, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents/State.
CMP-T No. 55 of 2022 & CWPOA No.116 of 2019 For the reasons stated in the application, the same is allowed. Application stands disposed of.
Registry is directed to list this matter for hearing on 13.06.2022, as prayed for.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Hakam Ram vs. State Ex. PT. No. 11 of 2022 .
23.03.2022 Present Mr. Rajesh Verma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Reply to the petition is stated to have been filed, but the same is not on record. Registry to trace and place the same on record, if in order.
List on 18.04.2022, as prayed for.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Haripal Singh vs. Sandeep Kumar CMP No. 12412 of 2021 in COPC No. 181 of 2021 .
23.03.2022 Present Mr. Ashok Kumar, Advocate, for the petitioner.
Mr. Ajay Kumar Chauhan, Advocate, for the respondent.
CMP No. 12412 of 2021Learned counsel representing the respondent prays for and is granted further two weeks' time to do the needful in terms of order dated 10.03.2022, failing which, Managing Director, HRTC, shall remain present in the Court, on the next date of hearing.
List on 07.04.2022.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Subhash Chand & another vs. Sushil Kumar & another RSA No.394 of 2019 .
23.03.2022 Present Mr. Virender Singh Rathour, Advocate, for the appellants.
Mr. Ashish Verma, Legal Aid Counsel, for respondents No.1 & 2.
CMP.M No. 1221 of 2021By way of instant application filed under Order 22 Rule 4 read with Section 151CPC, prayer has been made on behalf of the applicants/appellants for bringing on record the LRs of respondent No.1, Sh. Sushil Kumar and respondent No.2, Smt. Sunita Devi, who have expired on 07.06.2021 and 26.06.2021, leaving behind their LRs, as detailed in para-2 of the application.
Notice be issued to the LRs of aforesaid deceased respondents No.1 & 2, as detailed in para-2 of the application, returnable within four weeks, on taking steps within a period of one week.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Joginder Singh vs. State of H.P. & ors.
Ex. PT. No. 211 of 2021.
23.03.2022 Present Mr. Rakesh Kumar, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondents/State.
CMP-T No. 830 of 2021Pursuant to order dated 21.12.2021, learned Deputy Advocate General, has placed on record communication dated 22.03.2022, issued under the signatures of Principal Chief Conservator of Forests (HoFF), H.P., perusal whereof reveals that needful in terms of the judgment sought to be implemented, has been done.
Learned counsel representing the petitioner prays for and is granted one week's time to have instructions.
List on 01.04.2022.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Hem Raj vs. State Ex. PT. No. 273 of 2021 .
23.03.2022 Present Ms. Babita Chauhan, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Learned Deputy Advocate General, prays for and is granted two weeks' time to file reply, failing which, right to file the same shall be deemed to have been closed and respondents shall remain present in the Court, on the next date of hearing.
List on 19.04.2022.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Suresh Kumar & Ors vs. State of H.P. Cr. Revision Petition No.222 of 2021 .
23.03.2022 Present Mr. Bhuvnesh Sharma, Advocate, for the petitioners.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Cr.MP No.1806 of 2021By way of instant application, prayer has been made on behalf of the applicants/petitioners to compound the matter and quash the FIR, on the basis of compromise.
Learned Deputy Advocate General, prays for and is granted two weeks' time to file reply. List thereafter.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Dhuna Baba Kesar Singh vs. Mahinder Kumar RSA No. 18 of 2020 .
23.03.2022 Present Ms. Poonam Gehlot, Advocate, for the appellant .
Mr. Varun Rana, Advocate, for the respondent.
CMP (M) Nos. 301 & 302 of 2022 By way of instant applications filed under Order 22 Rule 3 read with Section 151 CPC and Section 5 of the Limitation Act, prayer has been made on behalf of the applicant/appellant for bringing on record the LRs of deceased appellant, who has expired on 08.04.2020, after condoning the delay, if any.
Learned counsel representing the non-
applicant/respondent prays for and is granted four weeks' time to file reply to the aforesaid applications. List thereafter.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Yogesh Sood vs. Rajinder Sood CR No.115 of 2016 .
23.03.2022 Present Mr. Anubhav Chopra, Advocate vice Mr. P.S. Goverdhan, Advocate, for the petitioner.
Mr. Arjun Lal, Advocate, for the respondent.
Since, learned original counsel representing the petitioner is not present on account of some personal difficulty, prayer has been made on his behalf for adjournment. Prayer allowed, as not opposed.
List after two weeks, as prayed for.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Akhil Kapoor vs. State of H.P. & anr.
Cr.MMO No.139 of 2022.
23.03.2022 Present Mr. Vinod Chauhan, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Learned counsel representing the petitioner, on instructions, states that on account of some personal difficulty, parties have not been able to come present and as such, matter may be adjourned. Prayer allowed, as not opposed.
List on 11.04.2022, on which date, parties shall remain present in the Court. In the meantime, respondent-State may also verify the factum with regard to compromise, if any, arrived inter se parties.
(Sandeep Sharma) Judge 23rd March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sulekha Sharma vs. State of H.P. CWP No. 365 of 2016 .
17.03.2022 Present Mr. Ramakant Sharma, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the State.
Mr. K.D. Sood, Senior Advocate with Mr. Mukul Sood, Advocate, for respondents No.2 to 5.
List on 25.04.2022, as prayed for.
r (Sandeep Sharma)
Judge
17th March, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Ramesh Kumar vs HPSEBL & another
.
CWPOA No. 2830 of 2020
17.03.2022 Present Mr. Bhuvnesh Sharma, Advocate, for the petitioner.
Mr. Anil God, Advocate, for the respondents.
List on 28.04.2022, as prayed for.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Urmil Khanna vs. Rakesh Sharma .
CMPMO No. 435 of 202017.03.2022 Present Mr. Subhash Sharma, Advocate, for the petitioner.
Mr. Rakesh Chauhan, Advocate, for the respondent.
At the request of learned counsel representing the respondent, list this matter after four weeks.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Meda Devi & Others vs. Mast Ram & ors.
.
RSA No. 62 of 202217.03.2022 Present Mr. K.D. Sood, Senior Advocate with Mr. Mukul Sood, Advocate, for the appellants.
Admitted on substantial question of law Nos. 1 to 5, formulated at page Nos.13 & 14 of the paper book.
Issue post admission notice to the respondents, returnable within four weeks, on taking steps within a period of one week. Record of courts below be called for.
CMP No.2651 of 2022Notice in the aforesaid terms. Reply, if any, be filed within a period of four weeks. In the meantime, parties are directed to maintain status quo qua nature and possession of suit property till further orders.
Copy dasti.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Kapil Dhiman vs. State of H.P. & ors.
.
Cr.MMO No.93 of 202117.03.2022 Present Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
Mr. Jagan Nath, Advocate, for respondents No.2,3 & 6. Mr. Vipin Pandit, Advocate, for respondent No.4.
Mr. Tara Singh Chauhan, Advocate, for respondent No.5.
At the request of learned counsel representing respondent No.5, list this matter on 29.03.2022.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Gaurav Oberoi vs. State of H.P. .
Criminal Revision No.376 of 2021 17.03.2022 Present Mr. R.L. Chaudhary, Advocate, for the petitioner.
Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
Criminal Revision No.376 of 2019 & Cr.MP No.2790 of 2021 As prayed for, list after four week along with CRMMO No.658 of 2021. In the meantime, pleadings, if not already completed, be also completed.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Vinod Kumar Rana vs. Sh. Anshuman .
Criminal Revision No.362 of 2019 17.03.2022 Present Mr. Vinod Chauhan, Advocate, for the petitioner.
Ms. Seema K. Guleria, Advocate, for the respondents.
Pursuant to order dated 16.12.2021, parties have come present, but there appears to be no possibility of amicable settlement inter se them and as such, case at hand is required to be heard on its own merit. r At the request of learned counsel representing the parties, list this matter on 25.03.2022 along with Cr. R. No.99 of 2022, on which date, petitioner shall remain present in the Court.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Rishav Sharma vs. Ashwani Kumar & Ors .
CS No.2 of 202017.03.2022 Present Mr. K.D. Sood, Senior Advocate with Mr. Mukul Sood, Advocate, for the respondents.
Mr. Dheeraj K. Vashist, Advocate, for defendant No.1.
On the basis of pleadings of the parties, following issues are framed:-
r 1.
Whether the defendants have entered into an agreement of sale dated 24.08.2017 of the suit land for the consideration of Rs. 2.35 crores in favour of the plaintiff, as detailed in plaint? OPP
2. Whether defendant No.1 had instructed the plaintiff that the sale consideration be paid on his behalf to defendant No.2 or any other person instructed by him? OPP
3. Whether the plaintiff has paid the part of the sale price Rs. 1,76,25,000/- or any other amount to the defendants in terms of agreement as alleged?
OPP
4. Whether the plaintiff has been ready and willing and is still ready and willing to perform his part of contract and have the sale deed executed and registered on payment of balance sale for consideration? OPP
5. Whether the plaintiff is entitled to a decree of Rs.
10 lacs damages in addition to the decree for specific performance of the agreement of sale dated 24.08.2017?OPP
6. Whether the defendants had agreed not to sell and transfer Pindi Filling Station being run by Gurbax Rai to anyone else except the plaintiff?OPP.
7. Whether the plaintiff has not come to this Court with clean hands and has filed suit in connivance with defendant No.2?OPD-1 ::: Downloaded on - 07/04/2022 20:11:44 :::CIS
8. Whether the suit as framed is not maintainable?
OPD-1 .
9. Whether suit is bad for non-joinder of necessary party, i.e. Indian Oil Corporation, as alleged? OPD-
110. Whether the plaintiff has no cause of action to file the suit? OPD-1
11. Whether the agreement of sale dated 24.08.2017 is void and not enforceable by law and without consideration to defendant No.1? OPD-1
12. whether agreement dated 24.08.2017 is not r enforceable, as per Section 23 of Indian Contract Act? OPD-1
13. Whether suit of the plaintiff is collusive between plaintiff and defendant No.2, as alleged? OPD-1
14. Whether in view of notice dated 10.06.2018, plaintiff is having no case/locus standi, as alleged? OPD-1
15. To what relief, if any, the plaintiff is entitled to and against whom? OPP.
16. Relief.
Issues read over and explained to learned counsel representing the parties. No other issue is sought to be raised by the parties. Additional documents, if any, be filed within three weeks, whereafter, same shall be admitted/denied, on a date to be fixed by learned Additional Registrar (Judicial).
Mr. Mukul Sood, learned counsel representing the plaintiff, prays for and is granted three weeks' time to take steps for summoning plaintiff's witnesses. In the event of taking steps within aforesaid period, learned Additional Registrar (Judicial) to fix a date for the examination of plaintiff's evidence. In the meanwhile, ::: Downloaded on - 07/04/2022 20:11:44 :::CIS documents/additional documents, if any, may also be filed by parties to .
lis.
(Sandeep Sharma)
Judge
17th March, 2022
(reena)
r to
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Khem Raj vs. State of H.P.
CWP No. 4863 of 2021
.
17.03.2022 Present Ms. Lalita Verma, Advocate, for the petitioner.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for the respondents /State.
Reply filed on behalf of respondents No.1 to 3 is on record.
No rejoinder is intended to be filed.
List on 24.03.2022, before appropriate Bench.
r (Sandeep Sharma)
Judge
17th March, 2022
(reena)
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Satya Devi & Anr vs. Beli Ram & ors.
RSA No. 557 of 2008.
17.03.2022 Present Mr. Shivam Gautam, Advocate vice counsel, for the appellants.
Mr. Rajesh Mandhotra, Advocate, for respondents No.4 to 8 & 10.
CMP(M) No. 331 of 2021By way of instant application filed under Order 22 Rule 4, 9 read with Section 5 of Limitation Act, prayer has been made on behalf of the applicants/appellants for bringing on record LRs of respondent No.5, Hans Raj, who has expired on 4.12.2019, leaving behind his LRs, as detailed in Para-1, of the application.
Reply to the application stands filed on behalf of non-
applicants/respondents, wherein, it has been specifically pointed out that one of LR Smt. Neeta Devi has been left out.
In the aforesaid background, learned counsel representing the applicants/appellants prays for and is granted two weeks' time to file supplementary affidavit, praying therein for impleadment of left out legal representative, namely, Smt. Neeta Devi.
List after two weeks, before appropriate Bench.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Subhash Chand vs. Suram Chand RSA No.481 of 2016 .
17.03.2022 Present Mr. Ramakant Sharma, Advocate, for the appellants.
Mr. K.D. Sood, Senior Advocate with Mr. Mukul Sood, Advocate, for the respondents.
CMP No. 14258 of 2021Further two weeks' time, as prayed for, is granted to the non-applicants/appellants to file reply. List thereafter.
CMP No. 1843 of 2022By way of instant application filed under Section 151CPC, prayer has been made on behalf of the applicants/respondents for issuing direction to SHO, Police Station Jawali, District Kangra, to produce the report prepared by him in pursuance to order dated 1.12.2021, passed by this Court in CMP No.14258 of 2021.
No reply is intended to be filed to the instant application by the non-applicants/appellants.
It is not in dispute that vide order dated 1.12.2021, directions were issue to SHO, Police Station Jawali, District Kangra, to get the interim order dated 17.04.2017 implemented and executed on the spot and thereafter submit the report. Though, aforesaid police officer visited the spot, in terms of order dated 1.12.2021 and stopped the non-
applicants/respondents from violating the aforesaid interim order dated 17.04.2017, but since, he has not placed on record the report, applicants/respondents have approached this Court in the instant proceedings, seeking direction to aforesaid officer to place the same on record.
For the reasons stated in the application, the same is allowed and SHO, Police Station Jawali, District Kangra, H.P. is directed to place on record the report with regard to his visit made on the spot ::: Downloaded on - 07/04/2022 20:11:44 :::CIS pursuant to order dated 1.12.2021 within a period of four weeks, failing .
which, he would remain present in the Court, on the next date of hearing.
Mr. Yudhvir Singh Thakur, learned Deputy Advocate General to apprise the aforesaid officer with regard to passing of the instant order, enabling him to do the needful within stipulated period.
List on 22.04.2022, before appropriate Bench.
17th March, 2022
(reena)
to (Sandeep Sharma)
Judge
::: Downloaded on - 07/04/2022 20:11:44 :::CIS
Prem Singh vs. State of H.P.
Cr.MP(M) No. 1910 of 2021
.
17.03.2022 Present Ms. Manju Datwalia, Advocate, for the petitioner.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for the respondent /State.
Though, respondent-State has filed status report, but since, the case at hand, is being heard by SB-VI, it would be appropriate, in case, the same is heard and decide by that Court only.
In view of the above, list this matter on 12.05.2022, before SB-VI.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ajay Sharma vs. Sanjeev Sharma Cr. Revision No.4 of 2022 .
17.03.2022 Present Mr. Abhishek Sharma. Advocate, for the petitioner.
Learned counsel representing he petitioner prays for and is granted one week's time to take steps for the service of sole respondent, enabling the Registry to issue notice, returnable within four weeks, failing which, this Court shall have no option, but to dismiss the case for non-
prosecution. r List this matter after four weeks, before appropriate Bench.
(Sandeep Sharma) Judge 17th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Yash Pal vs. State of H.P. Cr. Appeal No.12 of 2022 .
16.03.2022 Present Mr. Arun Sehgal. Advocate, for the appellant.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for the respondent /State.
Cr.MP No. 273/2022Learned Additional Advocate General prays for and is granted further two weeks' time to file reply, failing which, right to file the same, shall be deemed to have been closed.
List this matter after two weeks, before appropriate Bench.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Brij Mohan vs. State of H.P. Cr. Appeal No.11 of 2022 .
16.03.2022 Present Mr. Vinod Chauhan, Advocate vice Mr. Naveen Kumar Bhardwaj, Advocate, for the appellant.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for the respondent /State.
Though reply on behalf of the respondent stands filed, but since, learned original counsel representing the appellant is not available on account of some personal difficulty, prayer has been made on his behalf for adjournment. Allowed, as not opposed.
List this matter after four weeks, before appropriate Bench.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS M/s Naina Enterprises vs. Mohinder Singh & anr.
Cr. Revision No.48 of 2022.
16.03.2022 Present Mr. Vinod Chauhan, Advocate, for the petitioner.
Mr. G.R. Palsra, Advocate, for respondent No.1.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for respondent No.2/State.
As per report of the Registry, sum of Rs.2,33,000/- has been deposited by the petitioner, in terms of order dated 06.01.2022.
Since, parties stand duly served and record of the court below stands received, let this matter listed for final hearing in the first week of May, 2022, before appropriate Bench, as jointly agreed inter se parties.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Lal singh vs. State of H.P. & Anr.
Cr.MP(M) No. 212 of 2022.
16.03.2022 Present Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for the petitioner.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for the respondent/State.
Though status report, in terms of order dated 11.02.2022 is on record, but having heard learned counsel representing the parties, this Court deems it necessary to peruse the entire record of investigation.
Consequently, in view of the above, list this matter on 30.03.2022 before appropriate Bench, on which date, Investigating Officer shall remain present in the Court alongwith record.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Rakshpal Singh vs. State of H.P. Criminal Appeal No. 19 of 2022 .
16.03.2022 Present Mr. Peeyush Verma, Advocate, for the appellant.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for the respondent.
Criminal Appeal No. 19/2022 & Cr.MP No. 350/2022 Reply on behalf of the respondent, is stated to have been filed, but the same is not on record. Registry to trace and place the same on record, if in order.
List on 08.04.2022, before appropriate Bench.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sukhdev Singh & ors vs. State of H.P. & ors.
Cr.MMO No. 148 of 2022.
16.03.2022 Present Mr. Vikram Singh Thakur, Advocate, for the petitioners.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for the State. Mr. Katen Singh, Advocate, for respondent No.4.
Notice. Mr. Shiv Pal Manhans, learned Additional Advocate General, appears and waives service of notice on behalf of the State.
By way of present petition filed under Section 482 Cr.PC, prayer has been made for quashing of FIR No. 26/2022, dated 07.02.2022, under Sections 323, 325 and 34 of IPC, registered with Police Station, Jawali, District Kangra, H.P., against the petitioners, at the behest of complainant/respondent No. 4, on the basis of compromise arrived inter se parties.
This court, with a view to ascertain the factum with regard to compromise, if any, arrived inter se parties, deems it fit to cause presence of respondent No.4, on the next date of hearing. Learned counsel for the petitioner undertakes to cause presence of respondent No. 4, on the next date of hearing.
List on 23.03.2022 before appropriate Bench, on which date, parties shall remain present in Court. In the meanwhile, learned Additional Advocate General to also verify the factum with regard to compromise, if any, arrived inter se parties.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ramesh Singh & ors vs. State of H.P. & ors.
Cr.MMO No. 147 of 2022.
16.03.2022 Present Mr. Vikram Singh Thakur, Advocate, for the petitioners.
Mr. Shiv Pal Manhans, Additional Advocate General With Mr. Bhupender Thakur And Mr. Yudhvir Singh Thakur, Deputy Advocate Generals, for the State. Mr. Katen Singh, Advocate, for respondent No.4.
Notice. Mr. Shiv Pal Manhans, learned Additional Advocate General, appears and waives service of notice on behalf of the State.
By way of present petition filed under Section 482 Cr.PC, prayer has been made for quashing of FIR No. 15/2022, dated 01.02.2022, under Sections 341, 323, 504, 506 and Section 34 of IPC and Sections 3(1) (R), 3(1)(S) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act 1989 (Amendment 2015), H.P., registered with Police Station, Jawali, District Kangra, H.P., against the petitioners, at the behest of complainant/respondent No. 4, on the basis of compromise arrived inter se parties.
This court, with a view to ascertain the factum with regard to compromise, if any, arrived inter se parties, deems it fit to cause presence of respondent No.4, on the next date of hearing. Learned counsel for the petitioner undertakes to cause presence of respondent No. 4, on the next date of hearing.
List on 23.03.2022 before appropriate Bench, on which date, parties shall remain present in Court. In the meanwhile, learned Additional Advocate General to also verify the factum with regard to compromise, if any, arrived inter se parties.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Hari Singh vs. Chaino & ors.
Review Petition No.14 of 2018.
16.03.2022 Present Mr. Nimish Gupta, Advocate, for the petitioners.
Mr. Arun Kumar, Advocate, fr the respondents.
At the joint request of learned counsel representing the r to parties, list this matter on 23.03.2022 before appropriate Bench.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Ashok vs. Manu Sood & ors.
Civil Revision No. 169 of 2018 a/w Civil Revision No. 127 of 2019 .
Civil Revision No. 169 of 201816.03.2022 Present Mr. Prashant Sharma, Advocate vice counsel for the petitioners.
Mr. Ashok Sood, Senior Advocate with Mr. Khem Raj, Advocate, for the respondents.
Civil Revision No. 127 of 2019Mr. Ashok Sood, Senior Advocate with Mr. Khem Raj, Advocate, for the petitioners.
Mr. Prashant Sharma, Advocate vice counsel for the respondent.
At the joint request of learned counsel representing the parties, list this matter on 23.03.2022 before appropriate Bench.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Mast Ram vs. Principal Secretary CMP No.2421 of 2022 & CMP(M) No.281 of 2022 .
16.03.2022 Present Mr. Rupinder Singh Thakur, Advocate, for the applicant.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondents No.1 & 3.
Mr. Rakesh Daulta, Advocate for respondents No.5 to 9, respondents No.10(a) to 10(e), respondents No. 11(a) to 11(e), 12 to 14, 15(b) to 15(f) & 16 and LRs No.17(a) to 17(g) of deceased proforma respondent No.17.
Mr. Vikas Mishra, Advocate, for respondents No.2 & 4.
CMP No.2421 of 2022By way of instant application filed under Order 1 Rule 10 CPC, prayer has been made on behalf of the applicant for deletion of name of respondent No.11, Garibo Devi, who has expired on 5.1.2020.
Since LRs of aforesaid deceased respondent No.11, Garibo Devi, are already on record, prayer has been made in the instant application for deletion of her name.
Learned counsel representing the non-
applicants/respondents states that he does not wish to file any reply to the instant application and has no objection, in case prayer made in the same, is allowed.
Since LRs of respondent No.11, deceased Smt. Garibo Devi, are already stand impleaded as respondents No. 11(a) to 11(e), name of deceased Smt. Garibo Devi, is ordered to be deleted from the array of parties. Registry to carry out necessary correction in the memo of parties on the basis of amended memo of parties to be filed by learned counsel representing the applicant/appellant within a period of 10 days. Applications stand disposed of.
::: Downloaded on - 07/04/2022 20:11:44 :::CIS CMP(M) No.281 of 2022.
By way of instant application filed under Order 22 Rule 4 & 9 read with Section 5 of Limitation Act, prayer has been made on behalf of the applicant/appellant for bringing on record LRs of deceased proforma respondent No. 17, Sh. Sohan Singh, who has expired on 07.09.2020, as is evident from the Death Certificate annexed with the application, after condoning the delay and setting aside the abatement, if any.
Mr. Rakesh Daulta, learned Advocate, appears and waives service of notice on behalf of proposed LRs of proforma respondent No. 17, Sh. Sohan Singh. He states that he does not wish to file any reply to the instant application and has no objection, in case prayer made in the same, is allowed.
Having carefully perused the averments contained in the present application, this Court is convinced and satisfied that delay in maintaining the same, is neither intentional nor willful, rather same has occurred owing to the circumstances, which were completely beyond the control of the applicant/appellant and as such, delay, if any, in maintaining the aforesaid application, is hereby condoned and abatement, if any, also set aside.
Careful perusal of Death Certificate as well as Legal Heirs Certificate, Annexure A-1 & Annexure A-2, placed on record, clearly reveal that deceased proforma respondent No. 17, Sh. Sohan Singh has expired on 07.09.2020, leaving behind his LRs, as detailed in para-2 of the application. Since right to sue survives in favour of the proposed LRs of deceased proforma respondent No. 17, Sh. Sohan Singh, there appears to be no impediment in accepting prayer made in the application and accordingly, the same is allowed. Proposed LRs of ::: Downloaded on - 07/04/2022 20:11:44 :::CIS proforma respondent No. 17, Sh. Sohan Singh are ordered to be .
substituted in place of proforma respondent No. 17, Sh. Sohan Singh, whose name is otherwise ordered to be deleted from the array of the parties. Registry to carry out necessary correction in the memo of parties on the basis of amended memo of parties annexed with the application. Applications stand disposed of.
RFA No._________2022 Be registered.
Since, Mr. Rakesh Daulta, learned Advocate has put in appearance on behalf of newly impleaded LRs No.11(a) to 11(e) of deceased respondent No.11 and proforma LRs No.17(a) to 17(g) of proforma respondents No.17, there is no necessity to issue notice. He prays for and is granted two weeks' time to file Power of Attorney.
Disposed of vide judgment of today's date.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Balbir Singh vs. Dasmu RSA No.129 of 2011 .
16.03.2022 Present Mr. Vinod Gupta, Advocate, for the appellant.
Ms. Amita, Advocate vice Ms. Rachna Kuthiala, Advocate, for the respondents.
CMP.M No.2111 of 2019By way of instant application filed under Order 22 Rule 4 & 9 read with Section 5 of Limitation Act, prayer has been made on behalf of the applicant/appellant for bringing on record LRs of deceased sole respondent Smt. Dasmu, who has expired on 02.04.2013, as is evident from the Death Certificates annexed with the application, after condoning the delay and setting aside the abatement, if any.
Pursuant to notice issued on 28.12.2021, Ms. Rachna Kuthiala, learned Advocate, has filed Power of Attorney on behalf of LR of deceased sole respondent Smt. Dasmu. She states that she does not wish to file any reply to the instant application and has no objection, in case prayer made in the same, is allowed.
Having carefully perused the averments contained in the present application, this Court is convinced and satisfied that delay in maintaining the same, is neither intentional nor willful, rather same has occurred owing to the circumstances, which were completely beyond the control of the applicant/appellant and as such, delay, if any, in maintaining the aforesaid application, is hereby condoned and abatement, if any, also set aside.
Careful perusal of Death Certificate as well as Parivar Register placed on record, clearly reveals that deceased sole respondent Smt. Dasmu has expired on 02.04.2013, leaving behind ::: Downloaded on - 07/04/2022 20:11:44 :::CIS her LR, as detailed in para-1 of the application. Since Sh. Jagan Nath, .
is the sole LR of deceased respondent Smt. Dasmu and right to sue survives in his favour, there appears to be no impediment in accepting prayer made in the application and accordingly, the same is allowed.
Sh. Jagan Nath, son of Sh. Juddu Ram, resident of Village Jathani Phati Bhalyani, Kothi Tarapur, Tehsil and District Kullu, H.P. is ordered to be substituted in place of deceased respondent Smt. Dasmu, whose name is otherwise ordered to be deleted from the array of the parties. Registry to carry out necessary correction in the memo of parties on the basis of amended memo of parties to be filed by learned counsel representing the applicant/appellant within a period of 10 days. Applications stand disposed of.
RSA No.129 of 2011Since, Ms. Rachna Kuthiala, learned Advocate, has already filed Power of Attorney on behalf of newly impleaded respondent Sh. Jagan Nath, there is no necessity to issue notice.
Since, pleadings in the case at hand are complete and parties are duly represented, list this matter for final hearing in due course. Record of courts below, if not already received, be called for.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Jai Chand vs. Daya Ram Civil Suit No. 28 of 2020 .
16.03.2022 Present Mr. Sudhir Thakur, Senior Advocate with Mr. Karun Negi, Advocate, for the plaintiffs.
Mr. D.N. Sharma, Advocate, for the defendants.
OMP No. 671 of 2021Last opportunity of two weeks, as prayed for, is granted to learned counsel representing the non-applicants/defendants to file reply, failing which, right to file the same shall be deemed to have been closed.
OMP No. 138 of 2021Last opportunity of two weeks, as prayed for, is granted to learned counsel representing the applicants/plaintiffs to file rejoinder to the reply filed on behalf of non-applicants/defendants, failing which, right to file the same shall be deemed to have been closed.
Civil Suit No. 28 of 2020Written statement on behalf of defendant No.1 stands filed.
Mr. D.N. Sharma, learned counsel representing all defendants states that remaining defendants No.2 & 3, may be permitted to adopt written statement filed on behalf of defendant No.1 and as such, written statement filed on behalf of defendant No.1, be also treated as written statement filed on behalf of defendants No.2 & 3.
Replication filed by the plaintiffs to the written statement filed on behalf of defendant No.1, shall be treated as replication to written statement filed on behalf of all the defendants.
Since, pleadings in the case at hand are complete, now list this matter for admission and denial of documents, on the date to be fixed by Additional Registrar (Judicial).
(Sandeep Sharma) Judge 16th March, 2022 ::: Downloaded on - 07/04/2022 20:11:44 :::CIS (reena) .
rto ::: Downloaded on - 07/04/2022 20:11:44 :::CIS State of H.P. vs. Ali Mohamad Cr. Appeal No.176 of 2020 .
16.03.2022 Present Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the appellant.
Mr. Sat Prakash, Advocate, for the respondent.
Cr.MP No. 1157 of 2021r For the reasons stated in the application, the same is allowed. Record of the case at hand, received pursuant to order dated 05.06.2020, be returned to the courts below forthwith, enabling it to proceed with the trial of co-accused. However, while sending the record back, the Trial Court may be directed to return the same back immediately after conclusion of the trial enabling this Court to decide the appeal at hand on the basis of the same. Application stands disposed of.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Deepak Khullar vs. H.P. Gramin Bank Cr. Revision No.310 of 2021 .
16.03.2022 Present Mr. Surender Verma, Advocate, for the petitioner.
Ms. Devyani Sharma, Advocate, for the respondent.
Since, despite sufficient opportunity, applicant/petitioner has failed to deposit entire compensation amount and furnish personal bond in terms of order dated 26.11.2021 and as such, interim protection granted by this Court vide aforesaid order dated 26.11.2021 is vacated and non-applicant/respondent is at liberty to get the judgment of trial court executed in accordance with law.
List this matter for final hearing on 28.04.2022.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Sheela Chandel vs. State of H.P. & ors.
CWP No. 4700 of 2021.
16.03.2022 Present Mr. Naresh K. Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondents No.1 to 4/State.
Mr. T.S. Chauhan, Advocate, for respondents No.5 & 6.
Learned Additional Advocate General states that reply on behalf of respondents No.1 to 4, shall be filed during the course of the day.
Learned counsel representing respondents No.5 & 6, prays for and is granted two weeks' time to file reply, failing which, right to file the same shall be deemed to have been closed. In the meantime, learned counsel representing the petitioner, may also file rejoinder, if any, to the reply filed on behalf of respondents No.1 to 4.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Pushap Raj vs. Sher Singh & Anr.
Cr. Revision No.32 of 2022.
16.03.2022 Present Mr. Digivjay Singh, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for respondent No.2/State.
Learned counsel representing the petitioner states that as per instructions imparted to him by the petitioner, parties are in process of settling the matter amicably inter se them, if it is so, let the matter be listed on 21.04.2022, on which date, parties shall remain present in the Court so that possibility, if any, of amicable settlement is explored.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Harish Sharma & Ors. vs. State of H.P. Cr. Revision No.141 of 2021 .
16.03.2022 Present Mr. N.S. Chandel, Senior Advocate with M/s Vipul Sharda and Aneesh J.P., Advocates, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
r to List on 29.03.2022, as prayed for.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS Harish Sharma & Ors. vs. State of H.P. Cr. Revision No.141 of 2021 .
16.03.2022 Present Mr. N.S. Chandel, Senior Advocate with M/s Vipul Sharda and Aneesh J.P., Advocates, for the petitioner.
Mr. Sudhir Bhatnagar, Mr. Arvind Sharma and Mr. Desh Raj Thakur, Additional Advocate Generals with Mr. Narinder Thakur, Mr. Kamal Kishore Sharma and Mr. Gaurav Sharma, Deputy Advocate Generals, for the respondent/State.
r to List on 29.03.2022, as prayed for.
(Sandeep Sharma) Judge 16th March, 2022 (reena) ::: Downloaded on - 07/04/2022 20:11:44 :::CIS