Himachal Pradesh High Court
CMP.M/1403/2018 of THE SECRETARY HPPWD AND ANOTHER Vs RAM AND ANOTHER on 31 December 2018
No. 1403 of 2018 31.12.2018 Present: Mr. Vinod Thakur, Addl. A.G. with Mr. Bhupinder Thakur, Dy.A.G. and Mr. Ram Lal Thakur, Asstt. A.G., for the applicants/appellants. CMP(M) No. 1403 of 2018 Heard. By medium of this application, the applicants/appellants have sought condonation of 12 days delay
31.12.2018
CMP(M) No. 1403 of 2018
Present: Mr. Vinod Thakur, Addl. A.G. with Mr. Bhupinder Thakur, Dy.A.G. and Mr. Ram Lal Thakur, Asstt. A.G., for the applicants/appellants.
CMP(M) No. 1403 of 2018
Heard. By medium of this application, theapplicants/appellants have sought condonation of 12 days delaywhich has crept up in filing of the appeal. For the reasons set-out in the application which are duly supported by the affidavit ofthe Superintending Engineer of the applicants, the aforesaiddelay is condoned. Application stands disposed of.
Appeal be registered.
RSA No. of 2018
Admit on the following substantial questions of law:
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1. Whether the Court below could decree a suit hopelesslybarred by limitation without moving an application for condoningthe delay especially, when the road was completed in the year1981 and suit was filed on 11.6.2013 after elapse of 37 year.2. Whether the court could pass a decree for prohibitorymandatory injunction when the suit land is not physicalpossession seeking the injunction.
List alongwith RSA No. 428 of 2018.
CMP No. of 2018
Be registered.
In view of admission of the appeal, operation andexecution of the judgments passed by the learned Courts below,are ordered to be stayed. Application stands disposed of.Alteration/modification/vacation on motion.31[st] December, 2018 (Tarlok Singh Chauhan) (GR) Judge