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2024 Supreme(HP) 131

VIRENDER SINGH
Shanta Devi – Appellant
Versus
Tilak Raj – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Sanjay Jaswal, Advocate.
For the Non-Applicant :Mr. Dushyant Dadwal, Advocate.

JUDGMENT :

Virender Singh, J.

Applicant Shanta Devi has filed the present application, under Order 39 Rule 2A CPC, read with Section 151 CPC, for passing appropriate orders, against the non-applicants for violating/flouting the orders, passed by this Court in CMP No. 10914 of 2020, on 5.8.2021.

2. The application has been filed on the ground that the applicant has preferred the present appeal, which was admitted by this Court, on 12.10.2020, on the following substantial questions of law:

    i) Whether impugned judgments and decrees are the result of total misreading and mis appreciation of the evidence, oral and documentary, adduced on record by respective parties?

ii) Whether the learned trial Court and first appellate Court have dis-regarded the mandate of Order 20 Rule 5 CPC by clubbing the issues No. 1 to 4 despite the fact that the same were independent of each other?

3. According to the applicant, alongwith the said appeal, she has filed CMP No. 10914 of 2020, under Order 41 Rule 5 and Order 39 Rules 1 and 2 CPC, read with Section 151 CPC, for staying operation and execution of judgment and decree, dated 15.1.2019. The order dated 1.3.2021, passed in CMP No. 10914 of 2020 is reproduc

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