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[Cites 3, Cited by 10]

Himachal Pradesh High Court

Kasturi Devi & Another vs . Rajeev Sharma & Others. on 28 June, 2022

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

Kasturi Devi & another Vs. Rajeev Sharma & others.

.

Civil Revision No. 193 of 2015 28.6.2022 Present: Mr.G.C. Gupta, Senior Advocate, along with Ms.Meera Devi, Advocate, for the petitioners.

Mr.Sumit Sood, Advocate, for respondent No. 1.

Mr.Neeraj Gupta, Senior Advocate alongwith Mr.Ajit Pal Singh Jaswal, Advocate, for respondents No. 2 and 3.

rNone for respondent No. 4 despite service.

Mr.G.C. Gupta, Senior Advocate, under instructions has invited attention of the Court to the order dated 1.11.2018, wherein it has been observed that an application filed by respondent No. 2 Shobha Chaurasia under Order 9 Rule 13 C.P.C., pending before Rent Controller at that time, would have bearing on this petition and, therefore, adjudication of present petition was adjourned with direction to Rent Controller to dispose of the application under Order 9 Rule 13 C.P.C, within four months.

It has been submitted that the aforesaid application was dismissed by Rent Controller on 31.3.2021 and thereafter an appeal has been preferred against the said dismissal order and now situation is similar as to the date when order dated 1.11.2018 was passed and, therefore, it has been prayed that a direction be issued to appellate Authority to decide the appeal No. 22 of 2021, titled Shobha Chaurasia Vs. Rajeev Sharma within time bound period.

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At this stage, it has been informed that appeal has .

already been listed before the appellate Authority on 29.6.2022, wherein last opportunity to address arguments has been granted to the parties, wherein an application has also been filed by respondent No. 1 under Section 151 CPC.

In aforesaid circumstances, parties are directed to address arguments before the appellate Authority and appellate Authority is directed to decide the appeal alongwith application(s) on or before 25th August, 2022.

List on 30th August, 2022 alongwith pending applications.

(Vivek Singh Thakur), Judge.

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