Research › Search › Judgment

High Court of Himachal Pradesh · body

2009 DAILYLAW 1389 (HP)

AMIN CHAND v. JAGAT RAM DECEASED THROUGH LRS. PREETO DEVI AND OTHERS

CMP/18721/2024 · 2026-01-09

Romesh Verma

body2009

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Amin Chand Vs Jagat Ram (deceased) through LRs & Ors. RSA No. 269 of 2009 09.01.2026 Present: Mr. Sahil Dixit, Advocate, for the appellants. Mr. Het Ram Thakur, Advocate, for respondents No. 1 (a) to 1(e), 2(a) to 2(i), 3, 4 and 6/applicants. None for respondent No.5. Mr. Tarun Brakta, Advocate, vice Ms. Kavita Kajal, Advocate, for respondents No.7 to 14. CMP No. 18721 of 2024 The present application has been filed by the applicants for impleading transferees to whom the appellant/non-applicant has transferred the suit property vide registered sale deed dated 17.6.2020, details whereof have been given in Annexure A/3. It has been averred in the application that when the appeal came up for admission on 15.6.2009, following order was passed by this Court:- “RSA No.269 of 2009 Issue notice returnable for 22.7.2009. Steps be taken within three days positively. In the mean time record be called for. CMP 460 of 2009 Issue notice in the aforesaid terms. In the mean while the parties are directed to maintain status quo with regard to possession and nature of the suit premises. Dasti copy.” It has further been averred in the application that during the pendency of the appeal, as mentioned in para 4 of the application, various registered sale deeds have been executed by the appellants by selling the portion of the suit property to Smt. Neelam Kumari, w/o Sh. Ranu Ram, Smt. Kanta Devi, w/o Sh.Prem Chand, Smt. Daya Kumari, w/o Sh. Parkash Kumar, Smt. Meena Kumari, W/o Sh. Rakesh Kumar, Smt. Shashi Vala, D/o Shri Khyali, Smt. Chandan Lata, w/o Sh.Dev Raj and Smt. Prem Lata, w/o Sh.Desh Raj and the particulars of the sale deeds have been given in Annexure A/3. It has been prayed that the aforesaid persons being transferees are required to be impleaded as party respondents for the proper and effective adjudication of the case. The present application is pending for the last more than one year, but till date, no reply has been filed to the same. For the reasons stated in the application, which is duly supported by an affidavit and in view of the submissions as made by the learned counsel for the applicant, the present application is allowed and the persons named in para 6 of the application are arrayed as party respondents. It will be pertinent to mention here that on the last date of hearing, CMP(M) No.2386 of 2025 was allowed, whereby the legal representatives of deceased respondent No.11, Smt. Shashi Bala @ Shashi Devi were ordered to be brought on record as respondents No.11(a) and 11(b). Keeping in view the facts and circumstances of the case, the present application is allowed and the persons named in the application as mentioned in para 6 of the application, are ordered to be arrayed as party respondents No.7 to 13. Application stands disposed of. CMP No.25582 of 2024 For the reasons stated in the application, which is duly supported by an affidavit, the same is allowed and Smt. Meera Kumari, w/o Shri Ved Prakash, mentioned in para 8 of the application is arrayed as party respondent No.14 in the main appeal. Application stands disposed of. RSA No. 269 of 2009 Notices be issued to the newly added respondents returnable within six weeks, on taking steps within two weeks. List thereafter. In the meantime, amended memo of parties be also filed. (Romesh Verma) Judge January 9, 2026 (mamta)