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High Court of Punjab and HaryanaRFA/1818/2016disposed of

Kitab Singh & ORS v. State Of Haryana & ORS

2016-05-163 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Date of Decision : 16.5.2016 Kitab Singh and others ......Appellants Vs.

State of Haryana and others ......Respondents ...

CORAM :

HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK ...

Present :

Mr.J.P. Dhull, Advocate for the appellants.

...

1. To be referred to the Reporter or not ?

2. Whether the judgement should be reported in Digest ? RAMESHWAR SINGH MALIK, J CM No.5658-C1 of 2016 Exemption application is allowed as prayed for. CM stands disposed of.

CM No.5659-C1 of 2016 Applicants seek leave of the court to file appeal on behalf of the legal representatives of late S/Sh.Baldeva, Hardeva, Sish Ram sons of Bhagwana, Giani S/o Nihala, Harphool, Bir Singh and Miya sons of Dei Chand, on the basis of particulars given in the application. After hearing learned counsel for the applicants, instant application is allowed for the reasons stated therein, however, subject to all just exceptions and only for the purpose of deciding the present appeal. CM stands disposed of.

CM No.5660-C1 of 2016 Applicants seek condonation of delay of 6538 days in filing the appeal.

Notice of the application to the respondents. On the asking of the court, Sh. Shivendra Swaroop, AAG, Haryana, accepts notice.

After hearing learned counsel for the parties, instant application is allowed for the reasons stated therein. Delay of 6538 days in filing the appeal is condoned. However, in view of the law laid down by the Hon'ble Supreme Court in Imrat Lal and others Vs. Land Acquisition Collector and others, 2015 (1) SCC (Civil) 242, the applicants-appellants shall not be entitled for interest for this period of 6538 days in filing the appeal. CM stands disposed of.

CM No.5661-C1 of 2016 in/and RFA No.1818 of 2016 Applicants seek disposal of the appeal in terms of order dated 13.1.2016 passed by this court in RFA No.4636 of 1998 (State of Haryana and others Vs. Khazani Devi through her LRs and others). Notice of motion.

On the asking of the court, Sh. Shivendra Swaroop, AAG, Haryana, accepts notice.

After hearing learned counsel for the parties and going through the record of the case, present appeal has been found covered by the order dated 13.1.2016 passed by this court in Khazani Devi's case (supra). In view of the above, present appeal is ordered to be disposed of in terms of the order dated 13.1.2016 passed by this court in RFA No.4636 of 1998 (State of Haryana and others Vs. Khazani Devi through

her LRs and others).

Disposed of, accordingly.

16.5.2016 (RAMESHWAR SINGH MALIK) GS JUDGE