CS 16 of 2006 05.01.2010 Present: Shri T.S. Chauhan, Advocate, for the plaintiff. Shri K.D. Sood, Advocate, for defendant No.3. Statement of one witness recorded. The plaintiff is present in Court today. At the request of learned counsel appearing for the plaintiff, list the case for recording evidence of the plaintiff on a date to be fixed by the Registrar (Inspection). January 05, 2010 (Dev Darshan Sud) (ms) Judge. COPC 92 of 2009 05.01.2010 Present: Shri G.R. Palsara, Advocate, for the petitioners. Shri Sanjeev Kuthiala, Advocate, for the respondents. It is undisputed before me that the gift deed which was made by the respondents interse between themselves has been cancelled and mutation of cancellation has been entered into the revenue record. The respondents also tendered their unqualified apology, which is accepted. This petition is accordingly disposed of. January 05, 2010 (Dev Darshan Sud) (ms) Judge. COPC 98 of 2009 05.01.2010 Present: Shri G.D. Verma, Sr. Advocate with Shri B.C. Verma, Advocate, for the petitioner. Petitioner is also present in person. Shri A.K. Vashishta, Advocate, for the respondent. When this petition was taken up for further hearings today, learned counsel appearing for the respondent submits that vacant possession of the premises has been delivered to the petitioner on 3rd October, 2009, which fact is not disputed by the learned Senior counsel appearing for the petitioner. The petitioner also admits the delivery of possession of the premises to him. List the petition on 25th February, 2010 on which date the respondent shall ensure that he has paid the entire use and occupation charges till the delivery of possession of the premises. The respondent shall remain present in Court on that date. January 05, 2010 (Dev Darshan Sud) (ms) Judge. FAO 179 of 2008 05.01.2010 Present: None for the appellant. None for respondent No.1. Shri Parmod Negi, Advocate vice Shri Vivek Negi, Advocate, for respondent No.2. List again. January 05, 2010(ms) (Dev Darshan Sud), J. FAO 50 of 2008 05.01.2010 Present: Shri K.D. Sood, Advocate, for the appellant. Shri Stayen Vaidya, Advocate, for respondent No.1. CMP NO. 1100 of 2009 Let the interest accured and accruing to the amount deposited in this Court be remitted regularly to the bank account of the claimant, particulars whereof have been given in paragraph 6 of this application. Application stands disposed of. January 05, 2010 (Dev Darshan Sud) (ms) Judge. FAO 400 of 2005 05.01.2010 Present: Shri Mukul Sood, Advocate vice Shri K.D. Sood, Advocate, for the appellant. Shri Rakesh Manta, Advocate, for respondents No. 1 and 2. CMP No. 1074 of 2009 . January 05, 2010 (Dev Darshan Sud) (ms) Judge FAO 400 of 2005 05.01.2010 Present: Shri Mukul Sood, Advocate vice Shri K.D. Sood, Advocate, for the appellant. Shri Rakesh Manta, Advocate, for respondents No. 1 and 2. CMP No. 1074 of 2009 Let the interest accured and accruing to the shares of claimants-applicants be remitted regularly to their bank accounts, particulars whereof have been given in the application. Application stands disposed of. January 05, 2010 (Dev Darshan Sud) (ms) Judge. FAO 523 of 2009 05.01.2010 Present: Shri N.K. Thakur, Advocate, for the appellant. Shri Ajay Sharma, Advocate, for the respondent. At the request of learned counsel appearing for the appellant, which is not opposed, list the matter on 25th February, 2010 on which date the child shall be produced by the appellant. January 05, 2010 (Dev Darshan Sud) (ms) Judge FAO 122 of 2009 05.01.2010 Present: Ms. Monika Shukla, Advocate vice Shri A.K. Sharma, Advocate, for the appellant. Shri N.K. Thakur, Advocate, for respondents No 1 to 6. CMP No. 2 of 2010 Allowed. Permission granted to learned counsel to withdraw his appearance for respondents No. 1 to 5. Shri Ramesh Sharma, learned counsel, appears for respondents No. 1 to 5. He prays for and is granted two days’ time to file his power of attorney. January 05, 2010 (Dev Darshan Sud) (ms) Judge CS 67 of 2008 05.01.2010 Present: Shri Ajay Sharma, Advocate, for the plaintiff. Shri A.K. Vashishta, Advocate, for the defendant. OMP No. 636 of 2009 Learned counsel appearing for the defendants prays for and is granted four weeks’ time to file reply to this application. OMP No. 637 of 2009 Allowed. Let the document, which is in vernacular, be translated by the official translator of this Court at the cost of the plaintiff. Application stands disposed of. January 05, 2010 (Dev Darshan Sud) (ms) Judge RFA 322 of 2007 05.01.2010 Present: Shri K.D. Sood, Advocate, for the appellant. Shri A.K. Vashishta, Advocate, for respondents No. 1 and 3. Ms. Ruma Kaushik, Addl.A.G. for respondents No. 4 and 5. List after winter vacations, as prayed for. In the meantime, the respondents shall ensure that the amount is deposited in the Registry itself. January 05, 2010 (Dev Darshan Sud) (ms) Judge CS 56 of 2007 05.01.2010 Present: Shri Dibender Ghosh, Advocate, for the plaintiff. None for the defendant. OMP No. 1 of 2010 Let notice of this application be issued to the defendant. Reply, if any, be filed before the next date. January 05, 2010 (Dev Darshan Sud) (ms) Judge CS 55 of 2005 05.01.2010 Present: Shri Anand Sharma, Advocate, for the plaintiff. Shri Tarlok Jamwal, Advocate, for defendant No.1. Ms. Ruma Kaushik, Addl.A.G. for defendant No.2. Learned counsel appearing for the plaintiff submits that the documents sought to be produced in evidence have been obtained from the State Government and he has served notice under Order 12 Rule 2 of the Code of Civil Procedure to the Advocate General and defendant No.1. List the case after winter vacations, as prayed for. January 05, 2010 (Dev Darshan Sud) (ms) Judge Exe. Pet. 3 of 2005 05.01.2010 Present: Shri Ajay Kumar, Advocate, for the Decree Holder. Shri Rahul Mahajan, Advocate, for the Employees Provident Fund Organization. OMP No. 693 of 2009 Learned counsel appearing for the Decree holder prays for and is granted six weeks’ time to file reply to this application. List thereafter. January 05, 2010 (Dev Darshan Sud) (ms) Judge. Exe. Pet 23 of 2003 05.01.2010 Present: Shri Neeraj Gupta, Advocate, for the Decree Holder. Shri Rakesh Manta, Advocate, for the Judgment Debtor. OMP No. 529 of 2009 & Execution Petition No. 23 of 2003 Heard. Learned counsel appearing for the Decree Holder submits that amount lying deposited as ordered in OSA No. 16 of 1998, decided on 25th February, 2009 alongwith interest till date be released to the Decree Holder. This prayer is not opposed by learned counsel appearing for the Judgment Debtor, who submits that the amount be adjusted against the decree. Prayer granted. The amount alongwith interest lying deposited in appeal OSA No. 16 of 1998, which has since been disposed of, be released to the Decree holder and remitted to his bank acc ount, particulars whereof shall be supplied by the learned counsel appearing for the Decree Holder. Needless to add that the amount realized by the Decree Holder shall be adjusted against the decreetal amount. The execution petition is dismissed as unsatisfied. Liberty to the Decree holder to file fresh proceedings in accordance with law to realize the balance amount due. All miscellaneous applications stand disposed of. All interim orders are vacated. January 05, 2010 (Dev Darshan Sud) (ms) Judge. RFA 250 of 2002 05.01.2010 Present: Shri Varun Rana, Advocate vice Shri N.K. Sood, Advocate, for the appellant. Shri B.C. Verma, Advocate, for respondent No.1. Ms. Ruma Kaushik, Addl.A.G. for respondent No.2. CMP No. 1075 of 2009 Learned counsel appearing for the applicant-respondent No. 1 seeks liberty to withdraw this application. This application is dismissed as withdrawn. January 05, 2010 (Dev Darshan Sud) (ms) Judge. RFA 26 of 1998 05.01.2010 Present: Shri N.K. Thakur, Advocate, for the appellants. Shri J.L. Kashyap, Advocate, for respondent No.1. When this case was taken up for hearing today, learned counsel appearing for the parties submit that the case has been amicably settled between the appellant and respondent bank. In view of this, this appeal does not survive. The appeal is accordingly disposed of as having been compromised. All miscellaneous applications stand disposed of. All interim orders stand vacated. January 05, 2010 (Dev Darshan Sud) (ms) Judge. RSA 49 of 1998 06.01.2010 Present: Shri Onkar Jairath, Advoate, for the appellant. Shri K.D. Sood, Advocate, for the respondents. For judgment see judgment of even date passed in RSA No. 45 of 1998, titled as Jagdish Ram (deceased) through LRs vs. Karam Chand and others. January 06, 2010 (Dev Darshan Sud) (ms) Judge. CS 59 of 2006 05.01.2010 Present: Shri Ajay Kumar, Advocate, for the plaintiff. Shri Ramakant Sharma, Advocate, for defendant No.1. OMP No. 669 of 2009 List the case for recording evidence on behalf of defendant No. 1 in the month of March, 2010. Civil Suit No. 59 of 2006 Let actual date notice for further proceedings in the suit be issued to defendant No.2. She was being represented by Shri B.K. Sood, learned counsel, who has since expired. January 05, 2010 (Dev Darshan Sud) (ms) Judge. CS 64 of 2005 05.01.2010 Present: Shri Neeraj Gupta, Advocate, for the plaintiffs. Shri K.D. Sood, Advocate, for defendant No.4. Shri Ramakant Sharma, Advocate, for defendant No.5. Learned counsel appearing for the plaintiffs prays for and is granted four weeks’ time to file replication. January 05, 2010 (Dev Darshan Sud) (ms) Judge. Coy. P 7 of 2001 05.01.2010 Present: Shri Sunil Mohan Goel, Advocate, for the petitioner. Shri Ajay Kumar, Advocate, for the HPSIDC. Shri Sajeev Kuthiala, Advocate, for the official liquidator. Shri K.D. Sood, Advocate, for the State Bank of India. Shri Bimal Gupta, Advocate, for the respondent- Company. At the request of learned counsel appearing for the petitioner, which is not opposed, list on 4th January, 2010. January 05, 2010(ms) (Dev Darshan Sud), J. CR 139 of 2009 05.01.2010 Present: Shri Suneet Goel, Advocate, for the petitioner. CR 139 of 2009 Notice be issued to the respondents. Let record of the trial Court be summoned to this Court before the next date. January 05, 2010(ms) (Dev Darshan Sud), J. COPC 175 of 2009 05.01.2010 Present: Shri Anup Rattan, Advocate, for the petitioner. COPC 175 of 2009 Notice be issued to the respondents. Reply, if any, be filed before the next date. The respondents need not be present in Court. January 05, 2010(ms) (Dev Darshan Sud), J. Arb.Case 28 of 2007 05.01.2010 Present: Shri N.K.Sood, Advocate, for the petitioner. Shri J.S. Bhogal, Sr. Advocate with Shri Suneet Goel, Advocate, for the respondent. Heard in part. At the request of learned counsel appearing for the petitioner, which is not opposed, list in the second week of November, 2009 for further hearing. January 05, 2010(ms) (Dev Darshan Sud), J. Arb. Case 25 of 2007 05.01.2010 Present: Shri N.K. Sood, Advocate, for the petitioner. Shri J.S. Bhogal, Sr. Advocate with Shri Suneet Goel, Advocate, for the respondent. List alongwith Arbitration Case No. 28 of 2007. January 05, 2010(ms) (Dev Darshan Sud), J. COPC(T) 79 of 2008 05.01.2010 Present: Shri D.R. Sood, Advocate vice Shri K.D. Sood, Advocate for the petitioner. Ms. Ruma Kaushik, Addl. A.G. for respondent No.1. At the request of learned counsel appearing for the petitioner, which is not opposed, list after four weeks. January 05, 2010(ms) (Dev Darshan Sud), J. CWP 294 of 2007 05.01.2010 Present: Shri Sunil Mohan Goel, Advocate, for the petitioners. Shri P.K.Sharma, Addl. A.G. for respondents No. 1 to 3. My attention has been invited to the order passed by the Supreme Court of India in Petition(s) for Special Leave to Appeal (Civil) No(s). 19659/2007. The order was passed by that Court on 23rd March, 2009 directing this Court to dispose of this writ petition within a period of three months from production of the order. The case was taken up by this Court on 16th May, 2008. On 23rd May, 2008 a statement was made before this Court that the matter is subjudice before the Supreme Court without inviting my attention to the order of the Supreme Court. Again on 13th July, 2009, an order was passed by the Chief Justice to be listed for admission/order after two weeks. The case was again listed on 4th September, 2009 and at the request of learned counsel appearing for the parties, adjourned for 7th September, 2009 for hearing. List on 10th September, 2009 for final hearing. It is clarified that no adjournment shall be granted. January 05, 2010(ms) (Dev Darshan Sud), J. CR 214 of 2004 05.01.2010 Present: Ms. Jyotsna Rewal, Advocate, for the petitioner. Shri Bimal Gupta, Advocate, for respondents No. 1 & 2. At the request of learned counsel appearing for the respondents, which is not opposed, list after three weeks. January 05, 2010(ms) (Dev Darshan Sud), J. FAO 303 of 2008 05.01.2010 Present: Shri Bhupinder Gupta, Sr. Advocate with Ms. Charu Gupta, Advocate, for the appellant. Shri N.K.Thakur, Advocate, for the respondent. Heard in part. List on 8th September, 2009 for further hearing. January 05, 2010(ms) (Dev Darshan Sud), J. RSA 373 of 2008 05.01.2010 Present: Shri V.D. Khidtta, Advocate, for the appellant. Shri Neeraj Gupta, Advocate, for respondent No.1. CMP No. 660 of 2008 Heard. The parties are directed to maintain status quo qua the nature and possession of the suit land. Application stands disposed of. January 05, 2010(ms) (Dev Darshan Sud), J. CS 131 of 2008 05.01.2010 Present: Shri Romesh Verma, Advocate, for the plaintiff. Shri Anuj Gupta, Advocate, for the defendant. Shri Vikrant Thakur, Advocate, for the applicant. OMP 168 of 2008 This application has been moved on behalf of the applicant Shri Navin Vahi for being impleaded as party in the suit on the allegations that he has purchased the land from Puran Chand Sood and is therefore necessary party as any decree passed by this Court would adversely affect his interest. Reply has been filed to this application and a number of grounds have been taken by the plaintiff-non- applicant for resisting his impleadment. The plaintiff also pleads in paragraph 8 of the plaint that when the defendant was approached by the respective husbands of the plaintiffs for getting the sale deed registered on or about 3.1.2006 they were told by the husband of the defendant that there was an injunction order which has been passed with respect to the property in dispute and as such sale deed could not be executed. The plaintiffs continued that this was the first point of time when they came to know that some litigation is pending in the trial Court i.e. the Court of learned Additional District Judge, Shimla. At that stage, the plaintiff could have impleaded the applicant as defendant-respondent in the suit. However, when the applicant himself is interested to join the proceedings, there is no impediment in case he is impleaded as defendant in the suit subject to all exceptions. In this view of the matter, this application is allowed. The applicant is directed to be impleaded as defendant No. 2 in the suit. This order has been passed -2- keeping in view the fact that the impleadment of the applicant is absolutely necessary for the adjudication of the suit. This application is accordingly disposed of. CS 131 of 2008 Let written statement on behalf of newly added defendant be filed within a period of four weeks from today. Replication, if any, be filed within three weeks thereafter. January 05, 2010(ms) (Dev Darshan Sud), J. CR 28 of 2005 05.01.2010 Present: Shri D.R. Sood, Advocate, for the petitioner. Shri Suneet Goel, Advocate, for the respondent. Heard the learned counsel. This revision petition is disposed of with a direction as given in order dated 18.5.2009. Parties shall maintain status quo till the suit is disposed of. All miscellaneous applications are disposed of. January 05, 2010(ms) (Dev Darshan Sud), J. RSA 275 of 2006 05.01.2010 Present: Shri J.R. Thakur, Advocate, for the appellant. Shri K.B. Khajuria, Advocate, for the respondents. The record of the case shows that repeated adjournments have been granted to the appellant. This appeal was filed on 26th June, 2006 and till date there are no effective proceedings save and except issuance of notice to the respondent. List the matter on 25th May, 2009. It is clarified that no other or further adjournment shall be granted and appeal shall be disposed of on its merits. January 05, 2010(ms) (Dev Darshan Sud), J. RSA 72 of 2007 05.01.2010 Present: Shri Ajay Sharma, Advocate, for the appellants. Shri N.K. Thakur, Advocate, for respondent No. 1. Ms. Vidushi Sharma, Advocate, Ms. Bindiya Sharma, Advocate, Court guardian for respondents No. 4 to 9. RSA 72 of 2007 Admit on subst antial question of law No. 2 as formulated at page 11 of the Paper Book. January 05, 2010(ms) (Dev Darshan Sud), J. RSA 67 of 2008 05.01.2010 Present: Shri B.B. Vaid, Advocate, for the appellants. Shri Neeraj Gupta, Advocate, for the respondent. RSA 67 of 2008 Admit on substantial questions of law No. 2 to 4 as formulated at page 10 of the Paper Book. List alongwith RSA No. 196 of 2002. CMP No. 102 of 2008 The order dated 3rd March, 2008 is confirmed during the pendency of this appeal subject to the condition that it shall be complied by the appellant. It is clarified that in case of non-compliance, the interim order shall stand vacated without reference to Court. Application stands disposed of. January 05, 2010(ms) (Dev Darshan Sud), J. RSA 143 of 2008 05.01.2010 Present: Ms. Nishi Goel, Advocate vice Shri Shrawan Dogra, Advocate, for the appellant. Shri K.C. Sankhayan, Advocate, for respondent No.1. Shri T.S. Chauhan, Advocate, for respondent No.2. No power of attorney has been filed by Shri Tara Singh Chauhan, learned counsel appearing for respondent No.2. List after power of attorney has been filed. January 05, 2010 (Dev Darshan Sud) (ms) Judge. RSA 491 of 2008 05.01.2010 Present: Shri Y.P. Sood, Advocate, for the appellant. Shri Jitender Kumar, Advocate vice Shri R.R. Rahi, Advocate, for the respondent. RSA 491 of 2008 Admit on substantial questions of law No. 1, 2 and 5 as formulated at page 9 of the Paper Book. CMP No. 297 of 2008 Infructuous in view of the fact that possession has been taken over by the respondent. The respondent is directed not to carry out any additions, alterations, structural changes including removing/damaging fittings/fixtures in the suit premises and also shall not change the nature of the suit premises during the pendency of this appeal. Application stands disposed of. January 05, 2010(ms) (Dev Darshan Sud), J. RSA 534 of 2008 05.01.2010 Present: Shri G.R. Palsara, Advocate, for the appellants. Shri N.K. Sood, Advocate, for the respondents. RSA 534 of 2008 Admit on substantial question of law No. 2 as formulated at page 7 of the Paper Book. CMP No. 912 of 2008 Dismissed as no case for interim relief is made out. January 05, 2010 (Dev Darshan Sud) (ms) Judge. FAO 553 of 2008 05.01.2010 Present: Ms. Jyotsna Rewal Dua, Advocate, for the appellant. Shri D.R. Sood, Advocate, for respondents No. 1 to 4. FAO No. 553 of 2008 Admit. CMP No. 833 of 2008 Learned counsel appearing for the respondents prays for and is granted two weeks’ time to file reply to this application. January 05, 2010 (Dev Darshan Sud) (ms) Judge. CR 214 of 2004 05.01.2010 Present: Ms.Jyotsna Rewal Dua, Advocate, for the petitioner. Shri Bimal Gupta, Advocate, for respondents No. 1 & 2. Notice be issued to the respondents. Let record of the Courts below be called for immediately. List on receipt of record. At the request of learned counsel appearing for the appellants, one last and final opportunity of six weeks is granted to the appellants to take appropriate steps in accordance with law. This will be subject to the appellants depositing Rs. 1100/- as costs with the Himachal Pradesh High Court Bar Association. Proof of payment of cost be placed on record of the case. It is clarified that in case costs are not paid and steps are not taken, this appeal shall stand dismissed for non-prosecution without reference to Court. January 05, 2010 (Dev Darshan Sud) (ms) Judge. CR 2 of 2009 05.01.2010 Present: Shri Bal Bhushan Advocate vice Shri Ajay Sharma, Advocate, for the petitioner. Shri Avinash Jaryal, Advocate, for respondents No. 1 to 3. Shri Lalit Sharma, Adovcate, for respondent No.4. At the request of learned counsel appearing for the petitioner, which is not opposed, list next week. January 05, 2010 (Dev Darshan Sud) (ms) Judge. CR 4 of 2009 05.01.2010 Present: Shri Y.P. Sood, Advocate, for the petitioner. Shri Abhishek Sood, Advocate vice Shri A.K. Sood, Advocate, for the respondent. At the joint request of learned counsel appearing for the parties, list after two weeks. January 05, 2010 (Dev Darshan Sud) (ms) Judge. CS 22 of 1998 05.01.2010 Present: Ms. Sumeet Advocate vice Shri Balwant Kukreja, Advocate, for the plaintiff. Shri Rahul Mahajan, Advocate, for defendants No. 2, 3 & 5. Let the case be listed for recording evidence on behalf of the plaintiff on a date to be fixed by the Registrar (Inspection).The adjournment is sought on the ground that learned counsel appearing for the plaintiff cannot attend the Court due to his ill health. On the next date the entire evidence shall be produced by the plaintiff on self responsibility. January 05, 2010 (Dev Darshan Sud), (ms) Judge. FAO 1 of 2010 05.01.2010 Present: Shri T.S. Chauhan, Advocate, for the appellant. CMP(M) No. 3 of 2010 Notice be issued to the respondents through ordinary process as well as registered AD post. Reply, if any, be filed before the next date. Process fee for the service of respondents be filed in accordance with the rules. The case shall not be listed in Court for non-filing of process fee.The Registry is directed that in case no process fee is filed in accordance with rules and within the time granted by the Deputy Registrar or Registrar (Inspection), this application shall be deemed to have been dismissed for non-prosecution. January 05, 2010 (Dev Darshan Sud), (ms) Judge. RFA 344 of 2001 05.01.2010 Present: Shri Vinay Kuthiala, Advocate, for the appellant. Ms. Anita Dogra, Advocate vice Shri Ramakant Sharma, Advocate, for respondent No. 1 & 3. Ms. Ruma Kaushik, Addl. A.G. for respondent No. 2. CMP No. 196 of 2009 This application is not opposed. It is accordingly allowed. The amount due to the appellant be remitted to their respective bank accounts in proportion to their shares. Application stands disposed of. January 05, 2010 (Dev Darshan Sud) (ms) Judge. CS 51 of 2007 05.01.2010 Present: Shri B.S. Thakur, Advocate, for the plaintiff. None for the defendants. List next week. January 05, 2010(ms) (Dev Darshan Sud), J. CR 62 of 2008 05.01.2010 Present: Shri Ajay Sharma, Advocate, for the petitioners. Shri Naresh Kaul, Advocate, for respondents No. 1 & 2. CR 62 of 2008 Admit. CMP NO. 271 of 2008 Learned counsel appearing for the petitioners seeks permission to withdraw this application. Permission granted. Application is dismissed as withdrawn. January 05, 2010 (Dev Darshan Sud) (ms) Judge. CR 95 of 2008 05.01.2010 Present: Shri Ajay Mohan Goel, Advocate, for the petitioner. Ms. Ruma Kaushik, Addl. A.G. for respondents No. 2 & 3. CR 95 of 2008 Admit. List alongwith Civil Revision No. 96 of 2008. CMP No. 396 of 2008 The order dated 30th May, 2008 is made absolute during the pendency of this revision petition. Application stands disposed of. CMP No. 397 of 2008 Let the documents mentioned in this application be translated by the official translator of this Court at the cost of the petitioner. Application stands disposed of. January 05, 2010 (Dev Darshan Sud) (ms) Judge. CR 176 of 2008 05.01.2010 Present: Shri G.R. Palsara, Advocate, for the petitioner. Shri Sanjeev Kuthiala, Advocate, for the respondent. CR No. 176 of 2008 Admit. January 05, 2010(ms) (Dev Darshan Sud), J. CMPMO 358 of 2008 05.01.2010 Present: Shri S.D. Sharma, Advocate, for the appellant. FAO No. 20 of 2009 Admit. CMP No. 50 of 2009 January 05, 2010(ms) (Dev Darshan Sud), J. CR 16 of 2009 05.01.2010 Present: Shri Hoshiar