Himachal Pradesh High Court
Kaushalya Devi vs . Roshani Devi on 3 August, 2023
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Kaushalya Devi vs. Roshani Devi (deceased) through her LRs RSA No.49 of 2022 of 03.08.2023 Present: Mr. Ajay Sharma, Senior Advocate with Ms. Kavita Kajal, Advocate, for the appellant.
rt Mr. Naveen K. Bhardwaj, Advocate, for respondents No.1(i) to 1(iv), 1(v) (a) to 1(v)(d) & 1 (vi).
CMP No.2209 of 2022 An application has been filed for staying the operation of impugned judgment and decree of the learned Appellate Court.
A perusal of the judgments of the learned trial Court as well as the learned Appellate Court shows that the learned trial Court and the learned Appellate Court had found that a path was allotted during partition, however, learned trial Court had declined the judgment and decree on the ground that plaintiff had not appeared. This judgment and decree was reversed by the learned Appellate Court.
Since both the Courts below have found that a path exists, which was allotted during the partition, therefore, no ground is made out for staying the operation of the judgment and decree passed by learned First Appellate Court, at this stage.
The present application stands dismissed and is disposed of accordingly.
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RSA No.49 of 2022Power of Attorney on behalf of respondents of No.1(i) to 1(iv), 1(v) (a) to 1(v)(d) & 1 (vi), has not been filed.
Learned counsel representing the aforesaid rt respondents, prays for and is granted four weeks' time to file Power of Attorney on their behalf. List thereafter.
(Rakesh Kainthla) Judge August 03, 2023 (reena) ::: Downloaded on - 04/08/2023 20:33:57 :::CIS