Jagdish And ORS. v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 18.5.2016 Jagdish and others .. Appellants Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. Rakesh Nehra, Advocate for the applicant-appellants.

***** RAMESHWAR SINGH MALIK, J. (Oral) CM No. 5897-CI-2016 Application is allowed, as prayed for.

CM stands disposed of.

CM No. 5898-CI-2016 Application is allowed, as prayed for.

CM stands disposed of.

CM No. 5900-CI-2016 Applicants seek leave of the Court to file appeal on behalf of legal representatives of Late Sarv Sh. Ram Parsad-appellant No. 12, Ram Partap-appellant No.13, Smt. Kasturi-appellant No.14, Smt. Shanti-appellant No.15 and Ram Mehar-appellant No.16, on the basis of particulars given in para 2 of the application. After hearing learned counsel for the applicants, instant application is allowed for the reasons stated therein, however,

subject to all just exceptions. Leave sought is granted. CM stands disposed of.

CM No.5899-CI-2016 Applicants seek condonation of delay of 949 days in filing the appeal.

Learned counsel for the applicants submits that present appeal is squarely covered by the order dated 12.2.2016 passed by this Court in RFA No. 564 of 2014 (Mahavir and others Vs. State of Haryana and another).

Notice of motion On the asking of the Court, Mr. Shivendra Swaroop, AAG, Haryana, accepts notice on behalf of respondents No.1 and 2. Mr. Pritam Singh Saini, Advocate, accepts notice on behalf of respondent No.3.

Learned counsel for the State submits that present case is squarely covered by the order dated 12.2.2016 passed in Mahavir's case (supra).

After hearing learned counsel for the parties, instant application is allowed for the reasons stated therein. Delay of 949 days in filing the present appeal is condoned. However, it is made clear that the applicant-appellants shall not be entitled for interest for this delay of 949 days, 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 (2) RCR (civil) 437. CM stands disposed of.

Present appeal, on having been found squarely covered by the order dated 12.2.2016 passed in Mahavirs's case (supra), same is ordered to be disposed of in terms thereof. Disposed of, accordingly.

(RAMESHWAR SINGH MALIK ) JUDGE 18.5.2016 AK Sharma