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2025 DAILYLAW 6077 (HP)

DHARAM SINGH v. SITA DEVI

COPC/42/2024 · 2025-01-04

Jyotsna Rewal Dua

Contempt Petitionbody2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.42 & 43 of 2024 Date of decision: 04.01.2025 1. COPC No.42 of 2024 Dharam Singh & Anr. ...Petitioners. Versus Sita Devi and Ors. ...Respondents. 2. COPC No.43 of 2024 Dharam Singh & Anr. ...Petitioners. Versus Sita Devi and Anr. ...Respondents. Coram: Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting? No For the petitioners : Mr. Aman Sood, Advocate. For the respondent(s) : Mr. Ajay Sharma, Senior Advocate with Ms. Kavita Kajal, Advocate. Jyotsna Rewal Dua, Judge The petitioners alleged violation of order dated 28.08.2017 passed in CMP No.7114 of 2017 in RSA No.361 of 2017, whereby the operation, execution and implementation of the impugned judgments & decrees passed by the learned Courts below was stayed. The aforesaid order was made absolute on 11.04.2018. Whether reporters of Local Papers may be allowed to see the judgment? Yes -2- Petitioners’ allegations in these contempt petitions were that the respondents had sold their respective share in the suit land, despite there being stay against the operation, execution and implementation of the judgments & decrees passed by the learned Courts below. 2. Several hearings in these contempt petitions took place. On 03.01.2025, learned Deputy Advocate General place on record office instructions dated 13.11.2024 from the Tehsildar, Balh, District Mandi and on that basis submitted that sale deeds in question, registered in violation of orders passed in RSA No.361 of 2017 have now been cancelled. Relevant portion of the office instructions reads as under:- “Subject: Regarding cancellation of Sale Deeds. Sir, With reference to letter No. MND/SR/RC/2024- 39989-90 dated 07-11-2024 on the subject cited above. In this context, it is submitted that in compliance of order passed by the Hon'ble High Court of Himachal Pradesh Shimla dated 25-10-2024, the Sale Deed Registration No. 1310/2023 dated 25-10-2023, Sale Deed No. 1322/2023 dated 02-11-2023 and Sale Deed No.60/2024 dated 17- 01-2024 has been cancelled vide Registration No.1284/2024 dated 12-11-2024, Registration No.1285/2024 dated 12-11-2024 and Registration No. 1286/2024 dated 12-11-2024. This is for your kind perusal and further necessary action please. Encl: A.A. Yours faithfully Sd/- Tehsildar Bahl, District Mandi (HP) Endst. No.A.A.-7228-89 Dated: 13, November, 2024.” -3- Taking note of above, these contempt proceedings are closed. Notices issued to the respondents are discharged. Pending miscellaneous application(s), if any, to also stand disposed of. Jyotsna Rewal Dua 4th January, 2025 Judge (Pardeep)