Himachal Pradesh High Court
Ram Singh And Others vs Meena Devi And Others on 25 August, 2023
Ram Singh and others Versus Meena Devi and others .
CMP No.13519 of 2021 in RSA No.518 of 2012 25.08.2023 Present: Mr. Janesh Gupta, Advocate for the applicants, except applicants No.6(c) and 6(d).
Mr. B.S. Chauhan, Senior Advocate with Mr. Munish Datwalia, Advocate, for the respondents.
of CMP No.13519 of 2021 rt This CMP was listed before this Court on 25.08.2022 when, this Court passed the following order:-
"CMP No. 13519 of 2021 This is an application filed under the provisions of Order 39 Rule 2-A of the Code of Civil Procedure alleging disobedience of interim orders passed by this Court. Pleadings are already complete in this application. The proceedings under Order 39 Rule 2-A of the CPC needs to be registered separately, so as to adjudicate upon the issues arising therein, in accordance with law. Needless to say, that invariably the proceedings under Order 39 Rule 2-A of the CPC require adjudication on questions of facts which cannot be determined without allowing the parties to lead evidence in support of their respective contentions. That being so, the adjudication of appeal gets delayed, which in any case has to be decided separately on its own merits. In view of this, Registry is directed to separately register the application under Order 39 Rule 2-A of the CPC and also list the same separately.::: Downloaded on - 25/08/2023 20:37:44 :::CIS
:-2-:RSA No. 518 of 2012
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The Regular Second Appeal was instituted in the year 2012. Learned counsel for the parties have no objection if the same is ordered to be listed for final hearing. List on 03.11.2022."
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2. Thereafter the appeal as well this CMP was listed for hearingrt on 10.10.2022, 28.11.2022, 09.01.2023, 17.04.2023, 12.06.2023 and on 20.06.2023 at joint request of parties, on which date(s), the applicants/appellants did not take any steps for adducing evidence, in terms of order dated 25.08.2022 of this Court.
3. Now, after a period of one year, the learned counsel for the applicants/appellants, prays for two weeks' further time to seek instructions as to whether he still intends to pursue CMP No.13519 of 2021 in terms of order dated 25.08.2022. Request so made is allowed.
4. List on 15.09.2023.
(Ranjan Sharma) Judge August 25, 2023 (Bhardwaj) ::: Downloaded on - 25/08/2023 20:37:44 :::CIS