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2017 Supreme(HP) 491

VIVEK SINGH THAKUR
Ajudhya Devi – Appellant
Versus
Pramod Kumar Sharma – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. G.C. Gupta, Senior Advocate, Mr. Vinod Suman, Advocate

JUDGMENT :

Vivek Singh Thakur, J.

1. Partition order dated 21.6.2016, passed by Assistant Collector 1st Grade, in proceedings initiated by respondents No. 1 to 8, was assailed by petitioners herein before Sub Divisional Collector by filing an appeal accompanying stay application under Order 41 Rule 5 C.P.C. read with Section 151 C.P.C. with an application under Section 5 of Limitation Act for condonation of delay in filing the appeal.

2. On 19.1.2017, on application of petitioners, Sub Divisional Collector, pending application under Section 5 of Limitation Act, by referring application filed by petitioners under Order 41 Rule 5 with time barred appeal proposed against order dated 21.6.2016, passed ad interim ex parte injunction order, staying the said order passed by Assistant Collector in partition proceedings, whereupon, after service, an application under Order 41 Rule 3A and Rule 11 C.P.C. read with Order 47 Rule 1 C.P.C. and Section 16 of H.P. Land Revenue Act was preferred by respondents contesting appeal, for review/recalling of order dated 19.1.2017 passed by Sub Divisional Collector in application under Order 41 Rule 5.

3. Petitioners herein filed reply to the application and














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