Sant Ram & ANR v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RFA No.319 of 2016 (O&M) Date of decision: 29.1.2016 Sant Ram and another .. Appellants Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

Present:

Mr. Ashish Gupta, Advocate for the appellants.

***** RAMESHWAR SINGH MALIK, J. (Oral) CM No. 863-CI-2016 Applicant seeks condonation of delay of 459 days in filing the appeal.

Learned counsel for the applicant submits that present appeal is squarely covered by the judgment dated 30.10.2015 passed by this Court in RFA N. 9821 of 2014 ( Baru and others Vs. State of Haryana). He further submits that the delay may be condoned and the applicants-appellants will not claim interest for this period of 459 days and the appeal may be disposed of in terms of the abovesaid judgment dated 30.10.2015 passed in Baru's case (supra). He also submits that respondents No. 4 to 12 are proforma AMIT KUMAR 2016.02.03 12:35 I attest to the accuracy and authenticity of this document

respondents and since their interest is not contrary to the interest of the present appellants, service on them may be dispensed with. Ordered accordingly.

Notice to the Advocate General, Haryana.

On the asking of the Court, Ms. Vibha Tewari, AAG, Haryana, accepts notice.

After hearing learned counsel for the parties, instant application is allowed for the reasons stated therein. Delay of 459 days in filing the present appeal is condoned. However, it is made clear that the applicants-appellants shall not be entitled for interest for this period, 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.

RFA No. 319 of 2016 Learned counsel for the parties are ad idem that present appeal is squarely covered by the order dated 30.10.2015 passed by this Court in Baru's case (supra). They jointly pray that let the present appeal be disposed of in terms of the order passed in Baru's case (supra).

Ordered accordingly.

(RAMESHWAR SINGH MALIK ) JUDGE 29.1.2016 AK Sharma AMIT KUMAR 2016.02.03 12:35 I attest to the accuracy and authenticity of this document