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Himachal Pradesh High Court

Satpal vs . Krishan Kumar on 19 September, 2023

Satpal Vs. Krishan Kumar CMP (M) 878 of 2023 .

19.09.2023 Present: Mr. Ashok Kumar Thakur, Advocate, for the applicant/appellant.

Mr. Gurinder Singh Parmar, Advocate, for the non-applicant/respondent.

of CMP (M) No. 878 of 2023 Memo of appearance on behalf of non-

applicant/respondent has been filed and the same is taken on record.

rt Reply to the CMP is not intended to be filed.

Keeping in view of the fact that there is delay of 7 days in filing the appeal, which has been properly explained in the application supported by the affidavit. Thus, the application is allowed and the delay of 7 days in filing the appeal is ordered to be condoned.

The application stands disposed of.

RSA No. of 2023 It be registered.

The delay in filing the appeal has been ordered to be condoned in terms of the orders passed today in CMP (M) No. 878 of 2023.

Notice. Mr. Gurinder Singh Parmar, Advocate, appears and waives service of notice on behalf of the respondent.

::: Downloaded on - 19/09/2023 21:30:32 :::CIS

Let the record of the learned Courts below be .

requisitioned and thereafter the matter be listed for admission-hearing.

CMP No. of 2023 in CMPST/11182/23 It be registered.

of Notice in the aforesaid terms.

Learned counsel appearing on behalf the rt respondents prays for and is granted three weeks, time to file reply.

Keeping in view the fact that learned First Appellate Court has reversed the judgment of the learned Trial Court and had passed a decree for possession as well as the fact that applicant will suffer irreparable loss and injury, in case the possession is delivered during the pendency of the present appeal, therefore, judgment & decree passed by the learned First Appellate Court is ordered to be stayed till further orders subject to furnishing the security bond in the sum of Rs.3,00,000/-

with an undertaking to abide by the ultimate judgment and decree, which may be passed in the present appeal to the satisfaction of the learned Trial Court within one month from today. The applicant will also pay mesne profit @ Rs. 5000/- per month and the same shall be deposited ::: Downloaded on - 19/09/2023 21:30:32 :::CIS before the learned Trial Court before the 10th day of each .

month.

A copy of this order be sent to the learned Trial Court for information.

of (Rakesh Kainthla) Judge rt September 19, 2023 (ravinder) ::: Downloaded on - 19/09/2023 21:30:32 :::CIS .

of rt ::: Downloaded on - 19/09/2023 21:30:32 :::CIS