Himachal Pradesh High Court
Sh. Jagjiwan Ram And Another vs Shri Kuldeep Kumar And Others on 3 March, 2021
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
RSA No. 185 of 2014
Decided on: 03.03.2021.
.
Sh. Jagjiwan Ram and another ....Appellants.
Versus
Shri Kuldeep Kumar and others ...Respondents.
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the appellants : Mr. G.D. Verma, Sr. Advocate with
Mr. B.C. Verma, Advocate.
For the respondents : Mr. Basant Pal Thakur, Advocate for
respondent No. 1.
Ajay Mohan Goel, Judge (Oral)
CMP No. 13731 of 2020
By way of this application, a prayer has been made
that as during the pendency of the appeal, a subsequent
development has taken place to the effect that suit property now
stands purchased by the present appellants, accordingly, a prayer
has been made that in view of said development, this appeal be
ordered to be closed by ordering that the judgment and decree
passed by the Court of learned Civil Judge (Jr. Divn.) Court No. 2,
Nalagarh, District Solan, H.P. in civil suit No. 47/1 of 09/05, titled
as Kuldeep Kumar vs. Amarjeet Singh and others, dated
21.11.2011 is rendered otiose and unexecutable in view of said
development.
1 Whether reporters of the local papers may be allowed to see the judgment?
2. Mr. G.D. Verma, learned Senior Counsel appearing for
the applicants/appellants submits that in view of the development
.
which has now taken place, the judgment and decree passed by
the learned Trial Court has to be set aside, as the same is rendered
infructuous and unexecutable now against the judgment debtors,
and as a consequence thereof, this appeal has to be closed without
adjudication on merit.
3. Learned Counsel for the non-applicant/respondent No.
1, submits that facts as narrated in the application are correct and
in view of averments contained therein as well as submissions
made by learned Senior Counsel appearing for the applicants, the
non-applicant/respondent No. 1 has no objection in case this
application is allowed as prayed for.
4. Having heard learned Counsel for the parties and
having perused the averments made in the application, the same is
disposed of with the direction that in view of subsequent
development, i.e. purchase of suit property by the present
appellants, the judgment and decree, which were passed against
the present appellants by the learned Civil Judge (Jr. Divn.), Court
No. 2, Nalagarh, District Solan, H.P., dated 21.11.2011, in Civil
Suit No. 47/1 of 09/05, titled as Kuldeep Kumar vs. Amarjeet
Singh and others, is ordered to have become otiose/un-executable
against the judgment debtors ,and as a consequence thereof, this
appeal is ordered to be closed for all intents and purposes. The
application stands disposed of accordingly.
.
RSA No.: 185 of 2014
5. In view of order passed in CMP No. 13731 of 2020, the
appeal is dismissed as closed.
6. At this stage, Mr. Basant Pal Thakur, learned Counsel
for respondent No. 1 submits that a direction be issued to the
Registry to release use and occupation charges, which have been
deposited by the appellants before the Registry of this Court.
Ordered accordingly. Let use and occupation charges be released
in favour of respondent No. 1 with up-to-date interest on
respondent No. 1 furnishing fresh details of his bank account with
the Registry of this Court within a period of one week from today.
The appeal stands disposed of in above terms, so also
pending miscellaneous application(s), if any.
(Ajay Mohan Goel)
March 03, 2021 Judge
(narender)
