Research › Search › Judgment

High Court of Himachal Pradesh · body

2026 DAILYLAW 24499 (HP)

STATE OF HP AND ANOTHER v. PADAM DEV AND OTHERS

CMP.M/682/2026 · 2026-09-22

Bipin Chander Negi, Gurmeet Singh Sandhawalia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item No. D-23 State of H.P. & Anr. vs. Sewa Nand & Ors. a/w connected matters LPA No. 229 of 2026 a/w LPAs No. 259, 262, 278, 279, 334, 336, 338 of 2026 and CMP.Ms No. 654, 655, 682 of 2026. 22.09.2026 Present: Mr. Sidharth Jalta, Deputy Advocate General, for the appellants. Mr. Rakesh Kumar Dogra,, Advocate, for the respective respondents, in all appeals. Mr. Vivek Singh Thakur, Advocate, for the respondent(s)-Federation, in respective appeals. Respondents No. 2 and 3 in LPA No. 279 of 2026 and respondent No. 5 in LPA No. 334 of 2026 are stated to have expired. CMP(M) No. 654 of 2026, CMP(M) No. 655 of 2026 & CMP(M) No. 682 of 2026 Since the delay has already been condoned in the main case i.e. LPA No. 229 of 2026, the delay of 244, 243 and 233 days in CMP(M) No. 654 of 2026, CMP(M) No. 655 of 2026 & CMP(M) No. 682 of 2026, respectively, in filing the appeals are condoned. Applications stand disposed of. Appeals be registered. CMP(M) No. 1511 of 2026 & CMP(M) No. 1512 of 2026 in LPA No. 279 of 2026 The application bearing CMP(M) No. 1511 of 2026 has been filed under Order 22 Rule 4 read with Order 22 Rule 9 of the CPC for bringing on record the LRs of deceased respondents No. 2-Vijay Prakash, who is stated to have expired on 09.05.2025 and respondent No. 3-Ajit Kumar, who is stated to have expired on 09.05.2020, alongwith an application bearing CMP(M) No. 1512 of 2026 for setting aside the abatement, if any. For the reasons stated in the application bearing CMP(M) No. 1512 of 2026, the delay of 11 months, 22 days and 5 years, 11 months and 23 days, respectively, in filing the application, is condoned and the LRs of deceased respondent Nos. 2 and 3, as mentioned in paras- 5 and 6 of the application bearing No. CMP(M) No. 1511/2026, are ordered to be brought on record. Amended memo of parties appended with the application is taken on record. Applications stand disposed of. LPA No. 279 of 2026 Notice. Mr. Rakesh Kumar Dogra, Advocate accepts notice on behalf of the legal representatives of respondents No. 2 and 3 and prays for time to file necessary power of attorney. CMP(M) No. 1513 of 2026 & CMP(M) No. 1514 of 2026 in LPA No. 334 of 2026 The application bearing CMP(M) No. 1514 of 2026 has been filed under Order 22 Rule 4 read with Order 22 Rule 9 of the CPC for bringing on record the LRs of deceased respondents No. 5-Sher Singh, who is stated to have expired on 03.05.2025 alongwith an application bearing CMP(M) No. 1514 of 2026 for setting aside the abatement, if any. For the reasons stated in the application bearing CMP(M) No. 1514 of 2026, the delay of 224 days in filing the application is condoned and the LRs of deceased respondent No. 5, as mentioned in para- 5 of the application bearing No. CMP(M) No. 1513/2026 are ordered to be brought on record. Amended memo of parties appended with the application is taken on record. Applications stand disposed of. LPA No. 334 of 2026 Notice. Mr. Rakesh Kumar Dogra, Advocate accepts notice on behalf of the legal representatives of respondent No. 5 and prays for time to file necessary power of attorney. List on 25.11.2026. (G. S. Sandhawalia) Chief Justice (Bipin C. Negi) Judge 22nd September, 2026(sanjeev)