Dismissed

Joginder Kumar and Others v. State of Hp and Another

Himachal Pradesh HC14 Nov 2024EX.P/34/2024

Case brief

AI extract

What is this about?

This court disposed of an execution petition regarding a judgment dated 22.08.2022. The court held that mere filing of SLPs does not operate as a stay. Consequently, the respondents were directed to file a compliance report on the implementation of the earlier judgment. The petition was subsequently closed and dismissed.

What did the court decide?

Respondents directed to file compliance report; execution petition closed and disposed of.

Joginder Kumar and Others Vs State… — Civil Procedure and Limitation | Himachal Pradesh HC (2024)

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Neutral Citation No. ( 2024:HHC:11706 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Ex. P. No. 34 of 2024 Date of Decision: 14.11.2024

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Joginder Kumar & Ors. ...Petitioners.

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Versus

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State of H.P. and Anr. ...Respondents.

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Coram Hon’ble Mr Justice Vivek Singh Thakur, Judge. Hon’ble Mr Justice Rakesh Kainthla , Judge. Whether approved for reporting?¹ For the petitioners: Mr. Nitin Rishi, Advocate, Advocate. For the Respondents/State: Mr. Varun Chandel, Additional Advocate General, for the respondents/State.

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Vivek Singh Thakur, Judge (Oral)

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Learned counsel for the appellants/petitioners submitted that as per the instructions imparted to him, judgment dated 22.08.2022, passed in CWP No. 1393 of 2020 stands complied with.

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Learned Additional Advocate General also submits that the appropriate order, in compliance of the aforesaid judgment, has been passed.

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At this stage, Dr. Lalit Sharma, Advocate who was representing Pravesh Kumari (appellant in LPA No. 165 of 2022) appears and submits that after dismissal of the review petitions preferred by appellants in LPAs No. 165 and 171 of 2022, who are

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1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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Neutral Citation No. ( 2024:HHC:11706 )

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affected adversely on account of judgment dated 22.08.2022 referred (supra), have preferred SLP before the Supreme Court with diary No. 52114/2024 & 52441/2024 dated 11.12.2024 and 12.11.2024, respectively.

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Dr. Lalit Sharma has further submitted that affected persons have not been arrayed as party deliberately in the present execution petition and therefore affected persons could not put their version before this Court, and further that for preferring SLP by the affected persons, implementation of judgment dated 22.08.2022 should have been deferred.

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Mere filing of SLP or appeal does not operate as stay of the judgment under challenge in such SLP/appeal. Unless and until order/judgment, sought to be implemented/executed, is stayed or set aside by the competent Court, the executing Court is bound to ensure execution of the judgment/order. However, it is also apt to record here that any order passed in compliance of judgment dated 22.08.2022, affecting some persons adversely shall always be subject to judgment/order/direction passed by the higher Court i.e., the Supreme Court in the present matter.

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Therefore, affected persons may avail appropriate remedy available with them for redressal of their grievance.

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As on date, in absence of any stay, we do not find any legal infirmity in the orders passed in present execution petition asking the

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Neutral Citation No. ( 2024:HHC:11706 )

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respondents to file compliance report indicating the implementation of the judgment dated 22.08.2022.

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With aforesaid observations, present petition is closed and

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disposed of.

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

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(Vivek Singh Thakur) Judge

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( Rakesh Kainthla) Judge

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14^th November, 2024

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(Nikita)

Joginder Kumar and Others v. State of Hp and Another

Case brief

What is this about?

What did the court decide?

Joginder Kumar and Others v. State of Hp and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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Coram

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