CS No.15 of 1999. 03.09.2007 Present: Mr.Bhupender Pathania vice Mr.Shrawan Dogra, Advocate, for the plaintiff. Mr.Anand Sharma, Advocate, for defendant No.1. Mr.Ashwani K.Sharma, Advocate, for defendant No.2. OMP No.300 of 2007. Heard. This application is allowed. September 3, 2007 ( Dev Darshan Sud ) (aks) Judge CMP(M) No.698 of 2006. 31.08.2007 Present: Mr.Vinay Kuthiala, Advocate, for the applicants. Mr.Virender Verma, Additional Advocate General, for respondents No.1 & 3. Mr.Ajay Sharma, Advocate, for respondent No.2. CMP(M) No.698 of 2006. This appeal has been instituted by the appellants against the judgment and decree of the learned District Judge, Bilaspur in Civil Appeal No.85 of 2005. Only the photocopy of the judgment has been submitted and neither the certified copy of the judgment nor decree has been filed. The appeal is barred by limitation and it has not been possible to calculate the delay which has been occasioned in filing the appeal. Learned counsel for the appellants seeks for and is granted two weeks time to submit on the ground of maintainability of the appeal. List after two weeks. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge RSA No.611 of 2000. 31.08.2007 Present: Mr.H.K. Bhardwaj, Advocate, for the appellants. Mr.Anand Sharma, Advocate, for respondent No.1. CMP No.425 of 2007. This application has been filed by the appellants for permission to lead additional evidence. This application will be considered alongwith the main appeal. Reply, if any, be filed before the appeal is taken up for hearing. CMP No.425 of 2007. Heard. This application is allowed. The record, as detailed in the application, be called for and tagged with the main appeal. This application is disposed of. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge FAO No.69 of 2001. 31.08.2007 Present: Mr.Rakesh Kanwar, Advocate, for the applicant. Mr.Baldev Singh, Advocate, for the non-applicants-respondents. At the request of learned counsel appearing for the respondents, list the matter after three weeks. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge RSA No.219 of 2002. 31.08.2007 Present: Mr.Vinay Thakur vice counsel for the appellants. Mr.Romesh Verma, Advocate, for the respondents. Process fee for service of respondent No.2(b) has been filed. Issue notice returnable within three weeks. The notice shall contain a direction to the Superintendent of the Jail to ensure the proper service is effected on the respondent irrespective of the fact whether the respondent is in jail or on parole. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge CR No.313 of 2002. 31.08.2007 Present: Mr.APS Jaswal, Advocate, for the petitioner. Ms.Devyani Sharma, Advocate, for respondent No.1. CMP No.620 of 2007. Heard. This application is allowed. Certified copies of the judgments filed are taken on the record. The relevance of the judgments, if any, will be considered at the time of the final hearing of the revision petition. The respondents will be at liberty to place on record any other material in rebuttal to the judgments which have been filed. This application is disposed of. CMP(M) No.584 of 2007. Notice to the proposed legal representatives of respondent No.4 be issued returnable within four weeks. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge RFA No.256 of 2006. 31.08.2007 Present: Mr.Pratap Singh vice Mr.R.Maniktala, Advocate, for the appellant. Mr.Virender Verma, Additional Advocate General, for respondents No.9 and 10. Ms.Neelam Bansal vice Mr.Sanjeev Kuthiala, Advocate, for respondents No.3, 5 to 8. CMP No.348 of 2006. Heard. The interim order dated 1.6.2006 is confirmed. This application is disposed of. RFA No.256 of 2006. At the request of learned counsel appearing for the appellant, list the matter after four weeks. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge RSA No.339 of 2006. 31.08.2007 Present: Mr.Anuj Gupta, Advocate, for the appellant. Mr.Romesh Verma, Advocate, for respondents No.1 & 2. Certified copy of the judgment of the trial Court has not been filed. Learned counsel appearing for the appellant prays for and is granted three weeks time, as a last opportunity, for filing the certified copy of the judgment. It is clarified that in case certified copy of the trial Court judgment is not filed within the aforesaid period, the appeal shall stand dismissed for non-prosecuton without reference to the Court. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge CR No.146 of 2007. 31.08.2007 Present: Mr.Virender Verma, Additional Advocate General, for the petitioner. CMP(M) No. 617 of 2007. Notice returnable within a week. Notices for service on the respondents be given dasti to the learned Additional Advocate General. Reply, if any, be filed in the meantime. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge FAO No.291 of 2007. 31.08.2007 Present: Mr.Rakesh Jaswal, Advocate, for the appellant. CMP(M) No. 527 of 2007. Notice to the respondents returnable within three weeks. Reply, if any, be filed in the meantime. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge RSA No.395 of 2007. 31.08.2007 Present: Mr.Rakesh Jaswal, Advocate, for the appellant. Mr.Sanjay Jaswal, Advocate, for the respondent. CMP(M) No. 200 of 2006. This application has been moved by the appellant with a prayer that the delay in filing the appeal may be condoned in the interest of justice. I have heard learned counsel for the parties. I find that the delay which has been occasioned is bonafide and is not deliberate. This application is allowed. The delay in filing the appeal is condoned in the interest of justice. The application is disposed of. RSA No.395 of 2007. Admit on substantial questions of law No. 1 & 2 as formulated at page No.7 of the paper book. CMP No.677 of 2007. Heard learned counsel for the parties. No case for interim relief has been made out, at this stage. This application is, accordingly, dismissed. Liberty is reserved to the appellant to move any other application in accordance with law, if so required. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge Civil Revision No.126 of 2007. 31.08.2007 Present: M/s.Kuldeep Bhatia and Harender Singh, Advocates, for the petitioner. Mr.Balwant Kukreja, Advocate, for the respondent. Civil Revision No.126 of 2007. Records of both the Courts below be called for immediately. List thereafter. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge Civil Revision No.126 of 2007. 31.08.2007 Present: M/s.Kuldeep Bhatia and Harender Singh, Advocates, for the petitioner. Mr.Balwant Kukreja, Advocate, for the respondent. Civil Revision No.126 of 2007. Records of both the Courts below be called for immediately. List thereafter. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge Civil Revision No.142 of 2007. 31.08.2007 Present: Mr.Ajay Sharma, Advocate, for the petitioner. Civil Revision No.142 of 2007. Notice to the respondent returnable within three weeks. Records of both the Courts below be called for, in the meantime. CMP No. 686 of 2007. Infructuous. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge Civil Revision No.144 of 2007. 31.08.2007 Present: Mr.Ajay Kumar, Advocate, for the petitioner. Civil Revision No.144 of 2007. Notice to the respondent returnable within three weeks. Records of both the Courts below be called for, in the meantime. CMP No. 686 of 2007. Heard. Notice in the above terms. Reply, if any, be filed in the meantime. Further proceedings in Rent Case No.62/2 of 2006, titled: Rajinder Singh Jamalta vs. Krishan Kumar are stayed till further orders. Dasti copy on usual terms. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge Civil Revision No.145 of 2007. 31.08.2007 Present: Mr.Deepak Bhasin, Advocate, for the petitioners. Civil Revision No.145 of 2007. Notice to the respondent returnable within three weeks. Records of both the Courts below be called for, in the meantime. CMP No. 687 of 2007. Notice in the above terms. Reply, if any, be filed in the meantime. It is directed that the petitioners will not be dispossessed from the premises in their occupation till furthr orders. Dasti copy on usual terms. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge FAO No.308 of 2007 31.08.2007 Present: Mr.G.C. Gupta, Senior Advocate with Mr.Navlesh Verma, Advocate, for the appellant. FAO No. 308 of 2007. Admit. CMP No. 677 of 2007. Heard learned counsel for the appellant. It is directed that subject to the appellant’s depositing the entire awarded amount alongwith costs and interest in this Court within a period of eight weeks from today, the execution of the award shall remain stayed. This application is disposed of. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge CR No.103 of 2007. 31.08.2007 Present: Mr.B.K. Sood, Advocate, for the petitioner. Mr.Ankush Sood vice Mr.Ashok K.Sood, Advocate, for the respondent. At the request of learned counsel appearing for the respondent, list after one week. August 31, 2007 ( Dev Darshan Sud ) (aks) Judge RSA No.434 of 1998. 30.08.2007 Present: Ms.Devyani Sharma, Advocate, for the appellants. Ms.Madhu Sharma, Advocate, for the respondents. CMP No. 626 of 2007. This application has been moved by the respondents under Order 22 Rule 4(3) and Rule 10-A of the Code of Civil Procedure stating that respondents No.8 and 20 have expired on 14.9.2003 and 2.3.2007 respectively. Copy of this application has been suppied to the counsel appearing for the appellants. This application is disposed of. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge RFA No.69 of 2001. 30.08.2007 Present: Ms.Devyani Sharma, Advocate, for the appellants. Mr.Romesh Verma, Advocate, for respondents No.1 to 4 and 6. Mr.Virender Verma, Additional Advocate General, for respondent No.5. CMP No. 865 of 2007. Heard learned counsel for the parties. The application is allowed and the name of appellant No.1 is ordered to be changed as prayed for. Amended memo has been filed. Be taken on the record. The application is disposed of. CMP No. 866 of 2007. This application has been filed by the appellants with the prayer that the appeal may be permitted to be withdrawn in view of out of court settlement arrived at between the parties. Photocopy of the agreement of out of court settlement has been filed with this application as Annexure A-2. The application is not opposed by the respondents. Learned counsel for the respondents submits that no reply is intended to be filed and the application be allowed as prayed for. The application is accordingly allowed. Permission is granted to the appellants to withdraw the appeal. The application is disposed of. RFA No. 69 of 2001. Dismissed as withdrawn. All interim orders shall stand vacated. CMP No. 867 of 2007. Allowed. Court fee in accordance with law is directed to be refunded to the appellants. RFA No.69 of 2001. 2 Cross Appeal (RFA No.129 of 2001). In the appeal filed by the claimants, the question regarding the adequacy of the compensation of the land will not be allowed to be raised in view of the compromise. List the Cross Appeal (RFA No.129 of 2001) for hearing immediately after 15th September, 2007. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge RFA No.271 of 2000. 30.08.2007 Present: Ms.Devyani Sharma, Advocate, for the appellants. Mr.Romesh Verma, Advocate, for respondents No.1 to 4. Mr.Virender Verma, Additional Advocate General, for respondent No.5. CMP No. 880 of 2007. Heard learned counsel for the parties. The application is allowed and the name of appellant No.1 is ordered to be changed as prayed for. Amended memo has been filed. Be taken on the record. The application is disposed of. CMP No. 881 of 2007. This application has been filed by the appellants with the prayer that the appeal may be permitted to be withdrawn in view of out of court settlement arrived at between the parties. Photocopy of the agreement of out of court settlement has been filed with this application as Annexure A-2. The application is not opposed by the respondents. Learned counsel for the respondents submits that no reply is intended to be filed and the application be allowed as prayed for. The application is accordingly allowed. Permission is granted to the appellants to withdraw the appeal. The application is disposed of. CMP No 882 of 2007. This application has been filed with the prayer that the amount of income tax deposited with the Income Tax authorities and the balance amount be refunded in favour of the claimants. This application is allowed. It is directed that as agreed upon between the parties, the amount of compensation be released in favour of the claimants-respondents. Out of this amount a sum of Rs.12,317/- is directed to be paid to the RFA No.271 of 2000. 2 appellants in lieu of the income tax deposited by them and be remitted to their Bank account. The remaining amount be released in favour of the claimants in proportion to their shares along with interest on furnishing their respective bank account numbers. Learned counsel for the claimant submits that the particulars will be supplied within three weeks from today. The application is disposed of. RFA No. 271 of 2000. Dismissed as withdrawn. All interim orders shall stand vacated. CMP No. 883 of 2007. Allowed. Court fee in accordance with law is directed to be refunded to the appellants. Cross Objection No.336 of 2000. List for hearing immediately after 15th September, 2007. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge RFA No.164 of 2001. 30.08.2007 Present: Ms.Devyani Sharma, Advocate, for the appellants. Mr.B.S. Attri, Advocate, for the respondents. CMP No. 876 of 2007. Heard learned counsel for the parties. The application is allowed and the name of appellant No.1 is ordered to be changed as prayed for. Amended memo has been filed. Be taken on the record. The application is disposed of. CMP No. 877 of 2007. This application has been filed by the appellants with the prayer that the appeal may be permitted to be withdrawn in view of out of court settlement arrived at between the parties. Photocopy of the agreement of out of court settlement has been filed with this application as Annexure A-2. The application is not opposed by the respondents. Learned counsel for the respondents submits that no reply is intended to be filed and the application be allowed as prayed for. The application is accordingly allowed. Permission is granted to the appellants to withdraw the appeal. The application is disposed of. CMP No 878 of 2007. This application has been filed with the prayer that the amount of income tax deposited with the Income Tax authorities and the balance amount be refunded in favour of the claimants. This application is allowed. It is directed that as agreed upon between the parties, the amount of compensation be released in favour of the claimants-respondents. Out of this amount a sum of Rs. 6,544/- is directed to be paid to the appellants in lieu of the income tax deposited by them and be remitted to their Bank RFA No.164 of 2001. 2 account. The remaining amount be released in favour of the claimants in proportion to their shares along with interest on furnishing their respective bank account numbers. Learned counsel for the claimant submits that the particulars will be supplied within three weeks from today. The application is disposed of. RFA No. 164 of 2001. Dismissed as withdrawn. All interim orders shall stand vacated. CMP No. 879 of 2007. Allowed. Court fee in accordance with law is directed to be refunded to the appellants. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge RFA No.162 of 2001. 30.08.2007 Present: Ms.Devyani Sharma, Advocate, for the appellants. Mr.B.S. Attri, Advocate, for the respondents. CMP No. 872 of 2007. Heard learned counsel for the parties. The application is allowed and the name of appellant No.1 is ordered to be changed as prayed for. Amended memo has been filed. Be taken on the record. The application is disposed of. CMP No. 873 of 2007. This application has been filed by the appellants with the prayer that the appeal may be permitted to be withdrawn in view of out of court settlement arrived at between the parties. Photocopy of the agreement of out of court settlement has been filed with this application as Annexure A-2. The application is not opposed by the respondents. Learned counsel for the respondents submits that no reply is intended to be filed and the application be allowed as prayed for. The application is accordingly allowed. Permission is granted to the appellants to withdraw the appeal. The application is disposed of. CMP No 874 of 2007. This application has been filed with the prayer that the amount of income tax deposited with the Income Tax authorities and the balance amount be refunded in favour of the claimants. This application is allowed. It is directed that as agreed upon between the parties, the amount of compensation be released in favour of the claimants-respondents. Out of this amount a sum of Rs. 2,740/- is directed to be paid to the appellants in lieu of the income tax deposited by them and be remitted to their Bank RFA No.162 of 2001. 2 account. The remaining amount be released in favour of the claimants in proportion to their shares along with interest on furnishing their respective bank account numbers. Learned counsel for the claimant submits that the particulars will be supplied within three weeks from today. The application is disposed of. RFA No. 162 of 2001. Dismissed as withdrawn. All interim orders shall stand vacated. CMP No. 875 of 2007. Allowed. Court fee is directed to be refunded to the appellants in accordance with law. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge RFA No.76 of 2001. 30.08.2007 Present: Ms.Devyani Sharma, Advocate, for the appellants. Mr.B.S. Attri, Advocate, for the respondents. CMP No. 868 of 2007. Heard learned counsel for the parties. The application is allowed and the name of appellant No.2 is ordered to be changed as prayed for. Amended memo has been filed. Be taken on the record. The application is disposed of. CMP No. 869 of 2007. This application has been filed by the appellants with the prayer that the appeal may be permitted to be withdrawn in view of out of court settlement arrived at between the parties. Photocopy of the agreement of out of court settlement has been filed with this application as Annexure A-2. The application is not opposed by the respondents. Learned counsel for the respondents submits that no reply is intended to be filed and the application be allowed as prayed for. The application is accordingly allowed. Permission is granted to the appellants to withdraw the appeal. The application is disposed of. CMP No 870 of 2007. This application has been filed with the prayer that the amount of income tax deposited with the Income Tax authorities and the balance amount be refunded in favour of the claimants. This application is allowed. It is directed that as agreed upon between the parties, the amount of compensation be released in favour of the claimants-respondents. Out of this amount a sum of Rs. 4,236/- is directed to be paid to the appellants in lieu of the income tax deposited by them and be remitted to their Bank RFA No.76 of 2001. 2 account. The remaining amount be released in favour of the claimants in proportion to their shares along with interest on furnishing their respective bank account numbers. Learned counsel for the claimant submits that the particulars will be supplied within three weeks from today. The application is disposed of. RFA No. 76 of 2000. Dismissed as withdrawn. All interim orders shall stand vacated. CMP No. 871 of 2007. Allowed. Court fee in accordance with law is directed to be refunded to the appellants. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge RSA No.294 of 2003. 30.08.2007 Present: Mr.Virender Verma, Additional Advocate General, for the appellant. Mr.B.K. Sood vice Mr.K.D. Sood, Advocate, for respondents No.1 and 2. CMP No.421 of 2007. This application has been moved by the State with a prayer that the operation and execution of the judgment and decree dated 29.10.2002 passed by the learned District Judge be stayed. I have heard learned counsel for the parties. This prayer cannot be allowed as the State was the plaintiff before the learned trial Court. The suit was dismissed. In appeal the learned District Judge upheld the judgment and decree of the learned trial Court. This application is accordingly dismissed. Liberty is reserved to the plaintiff-appellant to move an appropriate application for protection of its rights during the pendency of the appeal. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge RFA No.13 of 2005. 30.08.2007 Present: Mr.Janesh Gupta, Advocate, for the appellant. Mr.B.K. Sood vice Mr.K.D. Sood, Advocate, for respondent No.1. List after three weeks as prayed for by the learned counsel appearing for respondent No.1. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge FAO No.400 of 2005. 30.08.2007 Present: Mr.K.D. Sood, Advocate, for the appellant. Mr.Rakesh Manta, Advocate, for respondents No.1 and 2. Learned counsel appearing for the appellant submits that an application under Order 5 Rule 20 of the Code of Civil Procedure for substituted of respondents No.3 and 4 will be filed during the course of this week. List the case immediately after the application is filed. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge FAO No.53 of 2006. 30.08.2007 Present: Mr.Sanjeev Bhushan, Advocate, for the appellant. None for the respondents. CMP No.774 of 2007 and FAO No.53 of 2006. At the request of learned counsel appearing for the appellant, name of respondents No.9 and 10 is deleted from the array of respondents. This order is subject to all just exceptions. This application is disposed of. The appeal is restored to its original number. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge FAO No.308 of 2006. 30.08.2007 Present: Mr.Anand Sharma, Advocate, for the appellant. Mr.H.S. Rawat, Advocate, for respondents No.1 and 2. Mr.Naresh Kaul, Advocate, for respondent No.4. At the request of learned counsel appearing for the appellant, name of respondent No.3 is deleted from the array of respondents. This order is subject to all just exceptions. Cross Objection No.438 of 2006. Admit. FAO No.308 of 2006. List the appeal alongwith Cross Objection for hearing in due course. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge CMP(M) No.142 of 2007. 30.08.2007 Present: Mr.Praveen K.Sharma, Advocate, for the appellant. Mr.Balbir Singh Chauhan, Advocate, for the respondent. CMP(M) No.142 of 2007. This application has been moved by the appellant under Section 5 of the Limitation Act with a prayer that the delay in filing the appeal may be condoned in the interest of justice. I have heard learned counsel for the parties and have gone through the record. I am satisfied that the delay which has been occasioned is bonafide and is not deliberate. This application is allowed. The delay in filing the appeal is condoned in the interest of justice. The application is disposed of. FAO No. of 2007. Be registered. Admit. August 30, 2007 ( Dev Darshan Sud ) (aks) Judge RFA No.62 of 2007. 30.08.2007 Present: Mr.Virender Verma, Additional Advocate General, for the appellants. Mr.C.S. Thakur, Advocate, for respondent No.1. CMP(M) No.262 of 2007. This application has been moved by the appellants under Section 5 of the Limitation Act with a prayer that the delay in filing the appeal may be condoned in the interest of justice. I have heard learned counsel for the parties and have gone through the record. I am satisfied that the delay which has been occasioned is bonafide and is not deliberate. This application is allowed. The delay in filing the appeal is condoned in the interest of justice. The application is disposed of. RFA No.62 of 2007. Admit. CMP No.198 of 2007. Heard. Subject to the appellants’ depositing the entire awarded amount alongwith costs and interest in this Court within a period of eight weeks from today, the execution of the award shall remain stayed during the pendency of the appeal. It is clarified that in case the deposit is not made, the order shall stand vacated without reference to the Court. The application is disposed of. August 30, 2007 ( Dev