Avtar Singh v. State Of Haryana And Others

Shivani Gupta 2019.10.07 17:32 RFA No. 2875 of 2019 (O & M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RFA No. 2875 of 2019 (O & M) Date of decision: 04.10.2019 Avtar Singh ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Navmohit Singh, Advocate, for the applicant-appellant.

G.S.SANDHAWALIA, J. (Oral) C.M. Nos. 8763-64-65-CI of 2019 C.M. No. 8765-CI of 2019 has been filed for restoration of the case which was dismissed in default on 28.08.2019 alongwith application for exemption (C.M. No. 8764-CI of 2019) from filing certified copy of Annexure A-1 and application for condoning the delay of 3 days in filing the application for restoration (C.M. No. 8763-CI of 2019). Notice in the applications.

Ms. Vibha Tewari, AAG, Haryana accepts notice. Keeping in view the averments made supported by the affidavit of the counsel, the applications are allowed. Order dated 28.08.2019 whereby, the appeal was dismissed for want of prosecution for not filing process fee is recalled. The main case is taken on regular motion Board. Main Appeal C.M. No. 6815-CI of 2019 has been filed for condonation of delay of 1370 days in filing the appeal.

In view of the averments made and in view of the fact that the

RFA No. 2875 of 2019 (O & M) matter is now covered by judgment of this Court in RFA No. 6232 of 2015, Daljit Singh (II) and others vs. State of Haryana and others decided on 18.09.2019, the application is allowed.

Delay condoned.

The main appeal is against the award of the Reference Court, Yamuna Nagar at Jagadhari dated 30.07.2015. The same has been upheld and the land owners' appeals for further enhancement have been dismissed in Diljit Singh's (II) (supra).

Resultantly, no ground is made out in the present appeal and the same is also dismissed.

04.10.2019 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No