High CourtsSingle Bench(2020) 08 SHI CK 0013

Kumari Adarsh Bala & Others vs Yogesh And Others

High Court Of Himachal Pradesh · Decided on 7 August 2020

HON’BLE JUDGES
Vivek Singh Thakur, J
RESULT
Disposed Of
CASE NUMBER
CMPMO No. 291 Of 2020

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Judgment

23 paragraphs · 462 words

Vivek Singh Thakur, J

1.

Learned Additional Advocate General as well as learned counsel for petitioners submit that appeal filed by petitioners has been taken up for

consideration by Settlement Officer, Camp at Una, and earlier, it was listed on 27th July, 2020 and next date therein is 14th August, 2020, regarding

which appearing parties are well aware.

2.

Learned counsel for respondents No.1 to 7 submits that respondents represented by him shall make an endeavour for presence of respondents No.

8 to 12 before the Settlement Officer on next date of hearing, either in person or through their representative(s) by informing them about next date, if

not already informed.

3.

Learned counsel for petitioners as well as appearing respondents, jointly pray that in view of interest of all, the appeal may be directed to be decided

by the Settlement Officer in a time bound manner, particularly in view of direction passed by Coordinate Bench of this Court in CMPMO No. 358 of

2019 vide order dated 18.11.2019 to complete partition proceedings by 31.12.2019.

4.

In view of above, present petition is disposed of with direction to petitioners as well as respondents No. 1 to 7 to appear before the Settlement

Officer, Camp Court at Una, and respondents No. 1 to 7 are also directed to inform the date fixed before the Settlement Officer to respondents No. 8

to 12, who have to ensure their presence to avoid the consumption of time for issuing and serving notice their upon.

5.

Reply, if any, on behalf of respondents shall also be filed before the Settlement Officer in application filed for interim orders. Till the decision of stay

application filed by petitioners/appellants before the Settlement Officer, the interim order passed by this Court vide order dated 24 th June, 2020 in

CMP No. 4874 of 2020 shall remain in force and parties shall maintain status quo as existing on the date of passing of said order and the said interim

application shall be decided by Settlement Officer as expeditiously as possible on or before 30th September, 2020.

6.

In view of joint submissions of contesting parties and order passed by this High Court in CMPMO No. 358 of 2019 the Settlement Officer is

directed to decide the appeal expeditiously latest by 30th October, 2020, subject to the condition that all parties shall be present or represented before

the Settlement Officer on 14.8.2020 as in that eventuality, no time shall be consumed for service of respondents.

7.

It is expected from parties to extend all necessary cooperation to Settlement Officer and not to pray for unnecessary adjournments, enabling the

Settlement Officer to decide the appeal within stipulated period. Petition stands disposed of accordingly including all pending miscellaneous

application(s), if any. Dasti copy on usual terms.