Himachal Pradesh High Court
Jeet Ram vs Lajwanti & Others A/W Connected on 22 August, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
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Jeet Ram Versus Lajwanti & others a/w connected matter RSA No.339 of 2004 a/w RSA No.4143 of 2013 r to RSA No.339 of 2004 22.08.2022 Present: Mr. G.D. Verma, Sr. Advocate, with Mr. B.C. Verma, Advocate, for the appellant. Mr. Tek Chand Sharma, Advocate, for respondents No.1 (a) to 1 (e).
Mr. Neegaj Gupta, Sr. Advocate, with Mr. Ajeet Jaswal, Advocate, for nonapplicants/ respondents in CMP No.10202 of 2015, 6721 and 6723 of 2016.
RSA No.4143 of 2013 Mr. G.D. Verma, Sr. Advocate, with Mr. B.C. Verma, Advocate, for the appellant.
Mr. Tek Chand Sharma, Advocate, for respondents No.1 (a) to 1 (e).
None for remaining respondents.
CMP No.1771 of 2017When this appeal was taken up for consideration, learned Senior Counsel for the appellant while drawing the attention of this Court to CMP No.1771 of 2017, filed under Order 1, Rule 10 of the Civil Procedure Code, praying for impleadment of the ::: Downloaded on - 22/08/2022 20:06:39 :::CIS .
2 subsequent purchaser of the suit property as a party respondent, submitted that taking into consideration the fact that the suit property has been sold during the pendency of the appeal, he has instructions not to press the application as the principle of lis pendence shall govern the field.
At this stage, Mr. Neeraj Gupta, learned Senior Counsel appearing for the proposed respondents, points out that the proposed respondents have also been impleaded as respondents in certain applications preferred under the provisions of Order 39, Rule 2A of the Civil Procedure code. Mr. G.D. Verma, learned Senior Counsel submits that as far as those application are concerned, there is a different cause, on the basis of which those applications have been preferred and he has instructions to state that those application will be pressed by the applicants, but the same be taken into consideration after the adjudication of the main appeal.
Statement of learned Senior counsel is taken on record. The application is dismissed as withdrawn and it ::: Downloaded on - 22/08/2022 20:06:39 :::CIS .
3 is also observed that the factum of the proceedings have been initiated against the persons who are not otherwise party to the list, shall be borne in mind by the Court while deciding those applications.
RSA No.339 of 2004 a/w RSA No.4143 of 2013 Heard further. List for continuation on 23.08.2022.
(Ajay Mohan Goel) Judge August 22, 2022 (Rishi) ::: Downloaded on - 22/08/2022 20:06:39 :::CIS