Parkash @ Om Parkash And Others vs State Of Haryana And Others
2024 Latest Caselaw 17538 P&H

Punjab-Haryana High Court

Parkash @ Om Parkash And Others vs State Of Haryana And Others on 20 September, 2024

Author: Rajbir Sehrawat

Bench: Rajbir Sehrawat

                                    Neutral Citation No:=2024:PHHC:125184




RFA-1519-2023                                                                -1-


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

232                                         CM-4188-CI-2023 in/and
                                            RFA-1519-2023 (O & M)
                                            Date of decision: 20.09.2024

PARKASH @ OM PARKASH AND OTHERS                                    ...Appellants

                                     Versus

STATE OF HARYANA AND OTHERS                                      ...Respondents

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present:-     Mr. Sarvesh Malik, Advocate,
              for the appellants.

              Ms. Safia Gupta, AAG, Haryana.

              Mr. Pritam Singh Saini, Advocate,
              for respondents No.2 to 4.

                    ****

RAJBIR SEHRAWAT, J. (Oral)

CM-4188-CI-2023

1. This is an application under Section 5 of the Limitation Act for

condonation of delay of 1176 days in filing the present appeal.

2. Counsel for the applicant-appellants, on instructions from the

applicant-appellants, submits that the appellants would not claim interest

for the period of delay.

3. Counsel for the State and counsel for respondents No.2 to 4

submit that they do not have any objection, if the delay is condoned,

subject to the afore-mentioned undertaking of the counsel for the

appellants.

1 of 2

Neutral Citation No:=2024:PHHC:125184

4. In view of the above, the present application is allowed and

delay of 1176 days in filing the present appeal is condoned.

RFA-1519-2023

1. Challenge in the present appeal is to the award dated

12.04.2018 passed by the Additional District Judge, Rohtak.

2. Counsel for the appellants has pointed out that the matter

already stands covered by the judgment dated 23.05.2022 passed in RFA-

3149-2018 (Annexure P-4), titled as 'Jaipal and others vs. State of

Haryana and others'. Therefore, the present appeal can be disposed of in

terms of the said judgment.

3. Counsel for the State and counsel for respondents No.2 to 4

have not disputed the fact that the matter is covered by the judgment in

Jaipal and others (supra), and that the same can be disposed of in terms of

the judgment in Jaipal and others (supra). However, counsel for the State

and counsel for respondents No.2 to 4 have submitted that appellants be not

allowed the interest for the period of delay in filing the present appeal.

4. In view of the above, the present appeal is allowed in terms of

the judgment in Jaipal and others (supra). However, the appellants shall

not be entitled for the interest for the period of 1176 days in filing the

present appeal.

20.09.2024                                             (RAJBIR SEHRAWAT)
parveen kumar                                                JUDGE
                Whether reasoned/speaking?        Yes/No
                Whether reportable?               Yes/No



                                       2 of 2