Dismissed

Punjab State Electricity Board and Others v. Keshwa Nand and Another

Himachal Pradesh HC12 Dec 2019CMPMO/13/2019

Case brief

AI extract

What is this about?

The High Court, upon petition under Article 227, granted leave to withdraw a civil suit regarding compensation for electricity tower installation. Consequently, the court quashed the previous judgment and decree dismissing that suit and ordered the release of deposited compensation amounts pending final settlement.

What did the court decide?

The suit was dismissed as withdrawn with liberty to file appropriate proceedings; the judgment and decree dated 15.1.2016 were quashed; the deposited amount ordered to be released to respondents.

Punjab State Electricity Board and Others Vs… — Property and Title | Himachal Pradesh HC (2019)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CMPMO No13 of 2019

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Date of Decision: 12^th December, 2019

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__________________ ________________________________________ Punjab State Electricity Board & Anr. …….Petitioners Versus Keshwa Nand & Anr. …..Respondents __________________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹ For the Petitioners : Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma, Advocate. For the Respondents: Mr. Bhupinder Ahuja, Advocate.

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____________________________________________________ Sandeep Sharma, Judge (oral):

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Instant petition filed under Article 227 of the Constitution of India, lays challenge to order dated 22.10.2018, passed by learned Additional District Judge, Ghumarwin, District Bilaspur,H.P., (Camp at Bilaspur) ( CMP No.70-6/ 2017), whereby an application under Section 5 of the Limitation Act, praying therein to condone the delay in filing

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the accompanying appeal, laying therein challenge to judgment and decree dated 15.1.2016, passed by learned Civil

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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Judge (Junior Division), Bilaspur, H.P., in Civil Suit No.66/1 of 2016, having been filed by the petitioners/defendants, came to be dismissed.

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Before the matter could be heard and decided on its own merit, learned counsel representing the respondents/ plaintiffs, on instructions, seeks permission to withdraw the suit bearing Civil Suit No.66/1 of 2016, having been filed by the respondents/plaintiff with liberty to file appropriate proceedings in appropriate Court of law, seeking therein compensation on account of installation of electricity tower on the land of the plaintiffs.

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Consequently, in view of the above, the Civil Suit No.66/1 of 2016, having been filed by the respondents/plaintiffs, is dismissed as withdrawn with liberty as prayed for, as a consequence of which, judgment and decree dated 15.1.2016, passed by the learned Civil Judge (Junior Division), Bilaspur ,H.P. in Civil Suit No.66.1.2016 are quashed and set-aside.

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Since during the pendency of the instant

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proceedings, some amount came to be deposited on account of

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the compensation on behalf of the petitioners/defendants in

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lieu of towers erected on the land of the plaintiff, learned counsel representing the parties are in agreement that amount

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can be ordered to be released in favour of the respondents/plaintiffs without prejudice to the rights of the parties, which may be ultimately settled in proceedings, if any, initiated by the respondents/plaintiffs, in accordance with law.

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Pending application(s), if any stands disposed of.

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(Sandeep Sharma), Judge

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12^th December, 2019 (shankar)

Punjab State Electricity Board and Others v. Keshwa Nand and Another

Case brief

What is this about?

What did the court decide?

Punjab State Electricity Board and Others v. Keshwa Nand and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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