Unknown vs Bighas
2021 Latest Caselaw 2576 HP

Cr.R. No.158 of 2020

7.4.2021 Present: Mr. Rahul Singh Verma, Advocate, for the petitioner.

.

None for the respondent.

In the interest of justice, list after four weeks.

(Ajay Mohan Goel) Judge 7th April, 2021

(Guleria)

FAO No. 367 of 2019

7.4.2021 Present: Mr. Sanket Sankhyan, Advocate, for the appellant.

.

Mr. Pawan Gautam, Advocate, for the respondent.

On the joint request of learned counsel for the parties,

list immediately after four weeks.

(Ajay Mohan Goel) Judge 7th April, 2021

(Guleria)

RSA No.204 of 2019

7.4.2021 Present: Mr. Ajay Kumar, Sr. Advocate with Mr. Sumeet Sood, Advocate, for the appellants.

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Mr. K.D. Sood, Sr. Advocate with Mr. Sukrit Sood, Advocate for respondent No.1.

None for respondents No. 3 and 4.

Respondents No.2(a) to 2(d) and 6 to 10 are ex parte.

RSA No. 204 of 2019

Heard. Admit on the following substantial questions of

law:

(i) Whether learned first appellate court has erred in

misreading of Exts. P-29, P-36 and DA while decreeing the suit in favour of the plaintiffs ?

(ii) Whether the findings returned by learned first

appellate court that the suit was not hit by the provisions of Order 2 Rule 2 and Section 11 of CPC are perverse findings being contrary to the pleadings as well as evidence on record?

Post admission notice is accepted by Mr. Sukrit Sood,

Advocate, on behalf of respondent No.1. Issue post admission notices

to respondents No.2(a) to 2(d), 3,4 and 6 to 9 returnable on

18.6.2021, on steps being taken within two weeks. Record be also

called for.

CMP No. 4563 of 2019

Having heard learned counsel for the parties, the

application is disposed of by making order dated 24.5.2019 as

absolute. The application stands disposed of.

(Ajay Mohan Goel) Judge 7th April, 2021 (Guleria)

Contempt Petition No.139 of 2021

7.4.2021 Present: Mr. K.R. Thakur, Advocate, for the petitioner.

.

Notice be issued to the respondent returnable on

10.5.2021, on steps being taken within two weeks.

                                                             (Ajay Mohan Goel)
                                                                   Judge
           7th April, 2021
            (Guleria)




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                                                               Ex. Pet No. 11 of 2018

7.4.2021   Present:     Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma,

Advocate, for the petitioner.

.

Judgment debtor/respondent No.1 is ex parte.

Mr. M.A. Khan, Sr. Advocate with Ms. Hem Kanta

Kaushal, Advocate, for judgment debtor/respondent No.2.

By way of this execution petition, the decree holder is

praying for execution of the decree passed by this Court in Civil Suit

No. 99/2009, titled as Roshan Lal Mehta Vs. Suraj and another, which

suit stood decreed by this Court on 18.11.2016 in the following terms:

"In view of my issue-wise findings, the suit of the plaintiff is decreed by passing a decree for specific performance of agreements to sell the land comprised of Khata Khatauni No. 33/64, Kita 7, measuring 7-8-3 bighas, Khata-Khatauni

No.34/65, Kitas 6, measuring 6-1-11 bighas, Khata Khatauni No.70/122, Kitas 2, measuring 1-1-4 bighas and Khata Khatauni No.90min/150, Khasrta No.1522/650, 655 Kitas 2, measuring 1-1-13 bighas, total area measuring 15-

11-11 bighas, situated at Mauja Charkari/39, Pargana Lower Tikkar, Sub Tehsil, Nihri, District Mandi, H.P. as per jamabandi for the year 199-2000 in favour of the plaintiff

after paying the balance sale consideration of Rs.5 lacs to the defendants and the defendants shall execute the sale deed in favour of the plaintiff. The defendants are

restrained from alienating, creating any kind of charge over the suit land directly or indirectly in any manner and are further restrained from interfering with the right, title, interest and possession of the plaintiff over the suit land. Decree sheet be drawn accordingly."

Mr. G.D. Verma, learned Senior Counsel appearing for

the decree holder has taken this Court through the pleadings on record

and he submits that a perusal of the reply which has been filed by JD

No.2 to the application filed by decree holder under Order 21 Rule 32

read with Section 151 of CPC demonstrates that the consistent stand

taken by the said judgment debtor is that she is willing to comply with

the decree passed by this Court. Mr. M.A. Khan, learned Senior

Counsel appearing for JD No.2, on instructions, submits that as JD No.2

.

is not averse to the execution of the decree passed by this Court, it will

be in the interest of justice in case sale deed in terms of the decree

passed by this Court is executed on a date which is mutually convenient

to the DH as well as JD No.2. Learned Senior Counsel for the DH

submits that let sale deed be executed during the month of April, 2021

itself. As agreed by learned Senior Counsel for the DH as well as JD

No.2, said parties are directed to appear before the registering authority

i.e. Sub Registrar at Sundernagar on 28.4.2021 at 10:00 AM, on which

date sale deed shall be executed in between the DH and JD No.2 in terms

of the decree passed by this Court. DH and JD No.2 are directed through

their learned Senior Counsel to arrive at the terms of execution of the

sale deed in advance before 28.4.2021. Ms. Hem Lata Kaushal,

appearing for the JD No.2 states that she will get in touch with Mr.

B.C.Verma, learned counsel and the terms of execution of sale

agreement will be finalized. As JD No.1 is ex parte, Reader of the Court

of learned Civil Judge (Junior Division), Sundernagar is appointed as the

Commissioner for the purpose of execution of the sale deed qua the

property of JD No.1. His fee is assessed at Rs. 5,000/-, which shall be

paid by the DH. Registry of this Court is directed to forward a copy of

this order to learned District Judge, Mandi, who shall pass appropriate

directions to ensure that this order is complied with in letter and spirit.

List on 25.5.2021.

Copy dasti.

(Ajay Mohan Goel) Judge 7th April, 2021 (Guleria)

CWP No. 6103 of 2020

7.4.2021 Present: Mr. Ajay Sharma, Sr. Advocate with Mr. Amit Jamwal, Advocate, for the petitioners.

.

Mr. Sunil Kumar, Advocate, for the respondents.

As jointly prayed for, list on 27.5.2021.

                                                              (Ajay Mohan Goel)
                                                                    Judge
           7th April, 2021
            (Guleria)




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                                                        CWPOA No. 2662 of 2019

7.4.2021   Present:      Mr. P.D. Nanda, Advocate, for the petitioner.




                                                                      .

M/s Dinesh Thakur, Sanjeev Sood, Additional

Advocates General with Mr. Kamal Kant Chandel, Dy. Advocate for the respondents.

As jointly prayed for, list on 30.4.2021.

(Ajay Mohan Goel) Judge 7th April, 2021

(Guleria)

CWP No.492 of 2021

7.4.2021 Present: Mr. Sanjeev Bhushan, Sr. Advocate with Mr. Rajesh Kumar, Advocate, for the petitioner.

.

M/s Dinesh Thakur, Sanjeev Sood, Additional Advocates General with Mr. Kamal Kant Chandel, Dy. Advocate for the respondents.

As jointly prayed for, list on 23.4.2021.

(Ajay Mohan Goel) Judge

7th April, 2021 (Guleria)

CWP No. 1037 of 2020

7.4.2021 Present: Mr. Rajesh Verma, Advocate, for the petitioner.

.

M/s Dinesh Thakur, Sanjeev Sood, Additional

Advocates General with Mr. Kamal Kant Chandel, Dy. Advocate for the respondents.

Learned Additional Advocate General submits that he

has sought instructions with regard to the contents of the reply filed

by the State and his instruction are to the effect that the reply stood

for, list on 28.4.2021.

r to filed on the basis of some wrong record. Be that as it may, as prayed

(Ajay Mohan Goel)

Judge 7th April, 2021 (Guleria)

CWPOA Nos. 3309/2019 a/w 3789/2019

7.4.2021 Present: Ms. Shradha Karol, Advocate, for the petitioner(s) in both the petitions.

.

None for the respondent-University.

In the interest of justice, list on 20.4.2021.

(Ajay Mohan Goel) Judge

7th April, 2021 (Guleria)

CWPs No. 1405 & 1406 of 2021

7.4.2021 Present: Mr. Parveen Chandel, Advocate, for the petitioners.

.

Mr. Vikrant Thakur, Advocate, for respondents No.1 and

2, in both the petitions.

Heard in part. List for continuation on 23.4.2021. On the

said, the respondent shall inform the Court as to how many marks was

obtained by the petitioner in the process undertaken by the

respondent-Board for recruitment against the post of T-mate.

                           r                                 (Ajay Mohan Goel)
                                                                   Judge

           7th April, 2021
            (Guleria)









                                                          CWPOA No.1213 of 2020

7.4.2021   Present:      Mr. S. P. Chatterji, Advocate, for the petitioners.




                                                                       .

M/s Dinesh Thakur, Sanjeev Sood, Additional

Advocates General with Mr. Kamal Kant Chandel, Dy. Advocate for the respondents.

As jointly prayed for, list after three weeks.

(Ajay Mohan Goel)

Judge 7th April, 2021 (Guleria)

CWPOA No.1209 of 2020

7.4.2021 Present: Mr. S. P. Chatterji, Advocate, for the petitioners.

.

M/s Dinesh Thakur, Sanjeev Sood, Additional

Advocates General with Mr. Kamal Kant Chandel, Dy. Advocate for the respondents.

As jointly prayed for, list after three weeks.

(Ajay Mohan Goel)

Judge 7th April, 2021 (Guleria)

CWPOA No.1184 of 2020

7.4.2021 Present: Mr. S.P.Chatterji, Advocate, for the petitioners.

.

Mr. Ajay Vaidya, Sr. Additional Advocate General for

the respondents.

Arguments heard. Judgment reserved.

                                                              (Ajay Mohan Goel)
                                                                    Judge
           7th April, 2021
            (Guleria)




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                                                      Cr. Appeal No. 100 of 2021

7.4.2021   Present:      Mr. Naresh Kaul, Advocate, for the appellant.




                                                                     .

M/s Dinesh Thakur, Sanjeev Sood, Additional

Advocates General with Mr. Kamal Kant Chandel, Dy. Advocate for the respondent.

Cr. Appeal No.100 of 2021

Admit.

Cr.MP No. 595 of 2021

This is an application for suspension of sentence. It has

been submitted by learned counsel for the applicant that the applicant

was on bail during trial. The appeal has been listed for hearing. There

are arguable points in the appeal. In these circumstances, operation of

judgment passed by learned Special Judge, Kangra at Dharamshala as

also the substantive sentence imposed upon the applicant is

suspended, subject to the applicant depositing fine amount i.e. Rs. one

lac in the trial court within a period of six weeks and on furnishing

personal bond in the sum of Rs. 50,000/- with one surety in the like

amount to the satisfaction of learned trial court within the same

period, with an undertaking therein that the applicant shall appear in

the Court as and when directed and shall surrender to serve out the

sentence imposed, in case his appeal is ultimately dismissed. The

application stands disposed of accordingly.

(Ajay Mohan Goel) Judge 7th April, 2021 (Guleria)