Extracted from the PDF above. The PDF is authoritative.
State of H.P. and others vs. Kalawati
RSA No. 103 of 2025 15.05.2026 Present: Mr. Sidharth Jalta, Deputy Advocate General, for the appellants/State.
Mr. Vivek Thakur, Advocate, vice Mr. Vivek Chandel, Advocate, for the respondent.
CMP No. 22403 of 2025
The application has been filed seeking modification of order dated 21.5.2025, which reads as follow:-
“CMP No.___________ of 2025
Be registered.
Operation and execution of impugned order dated 24.04.2024 passed by the Ld. District Judge, Bilaspur, HP Civil Appeal No.11/13 of 2023, and judgment and decree dated 10.10.2022 passed by the Ld. Civil Judge, Jhandutta, District Bilaspur HP in Civil Suit No.796-1 of 2021/17 are stayed, subject to deposit of entire awarded amount along with up to date interest accrued thereupon within eight weeks. Application stands disposed of”.
It is contended that the aforesaid direction to deposit could not have been passed. The plea so raised is misconceived in view of the relief granted by the trial Court, which reads as follows:-
“In view of above discussion, plaintiff has succeeded to prove her case and suit of the plaintiff is decreed. Accordingly, I proceed to pass a decree for mandatory injunction in favour of plaintiff and against the defendants, directing the defendants to pay compensation to the plaintiff on the same term as awarded to other land owners alongwith all statutory benefits, interest etc. as per rules and if state machinery fails to pay compensation to the plaintiff, then the plaintiff shall be entitled for possession of the suit land measuring 1-4 Bighas comprised in Khasra No.152, 158, Kita-2, Khata/Khatoni No.31/36, situated in Village Kot/63, Pargana Baseh, Sub Tehsil Kalol, Distt Bilaspur, H.P.”
The appeal preferred against the relief so granted to the present applicant was dismissed by the District Court. In view thereof, the present application, being misconceived, is dismissed.
RSA No. 103 of 2025
List after four weeks.
(Bipin C. Negi)
Judge
15th May, 2026
(Tarun)