Between vs Kaushlya Devi Widow Of Late
2021 Latest Caselaw 5565 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 3rd DAY OF DECEMBER, 2021




                                                         .

                           BEFORE

           HON'BLE MR. JUSTICE SATYEN VAIDYA, JUDGE





           FIRST APPEAL AGAINST ORDER No. 366 of 2009

    Between:

    1(A)   GEETA DEVI WIDOW OF LATE ROOP





           RAM.
    1(B)   SH. MAN DUTT, SON OF LATE ROOP
           RAM.
    1(C)   SH. SURESH KUMAR, S/O LATE ROOP
           RAM.


    1(D)   SMT. SITA DEVI, DAUGHTER OF LATE
           ROOP RAM.
    2.     SH. ROSHAN LAL, S/O LATE DHUMI.

    3.     SH. KRISHAN DUTT, S/O LATE DHUMI



           AND
    4.     SH. MEHAR CHAND, S/O LATE DHUMI




    (ALL RESIDENT    OF VILLAGE BHARECHI,
    MAUZA PHAYAL, P.O. DHARI, TEHSIL AND





    DISTRICT SHIMLA, H.P.





                                .......APPELLANTS/APPLICANTS
    ( BY SH. V.D. KHIDTTA, ADVOCATE)

    AND

    1.   KAUSHLYA DEVI WIDOW OF LATE
    SH. NEK RAM RESIDENT OF VILLAGE
    CHALAYAL, PARAGNA PATEOG, TEHSIL
    AND DISTT. SHIMLA, H.P.




                                        ::: Downloaded on - 31/01/2022 23:22:58 :::CIS
                                        2




    2.   SURINDER   KUMAR    S/O      LATE
    BHAGTIA, R/O BHAGAT NIWAS SECTOR 2
    NEW SHIMLA, SHIMLA (URBAN ), H.P.




                                                              .

                                                 ..........RESPONDENTS

    (BY SH. SUNIL MOHAN GOEL, ADVOCATE )





                   This appeal coming on for orders this day, Hon'ble

    Mr. Justice Satyen Vaidya, the Court passed the following:





                              JUDGMENT

Learned counsel for the appellants has fairly submitted

that due to lapse of long time, the instant appeal has become

infructuous.

2. Learned counsel for both the parties have jointly

submitted that on account of requisition of records from the Court

below the appeal pending before learned Additional District

Judge, Shimla could not be decided causing serious prejudices to

the rights of the parties.

3. In view of these submissions, this appeal is disposed of

being infructuous with a direction to the learned Additional District

Judge, Shimla to decide the appeal expeditiously and in no case

later than 31.03.2022.

4. Records of learned Courts below be immediately sent

back alongwith copy of this order.

The instant appeal is, accordingly, disposed of, so also

the pending application, if any.

.

                                                      ( Satyen Vaidya )





                                                            Judge
    3rd December, 2021
       (sushma)





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