Himachal Pradesh High Court
Dinesh Kumar vs . Milkhi Ram & Anr. on 30 May, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Dinesh Kumar Vs. Milkhi Ram & Anr.
RSA No. 113 of 2021 .
30.05.2023 Present: Mr. Tarun K. Sharma, Advocate, for the appellant.
Mr. Rajinder Thakur, Advocate, for the respondents.
CMP(M) Nos. 536 and 537 of 2023 Heard.
The applicant pleads that respondent No.2 has died on 14.01.2022. She is survived by her legal heirs detailed in para-3 of CMP(M) No. 536 of 2023. The death certificate of respondent No.2 has been placed on record. There is delay in moving the application for bringing on record the legal heirs of deceased respondent No.2. For that reason, CMP(M) No. 537 of 2023 has been moved.
Taking into consideration the fact that respondent No.2 has died during the pendency of the appeal and also that one of the legal heirs is already on record as respondent No.1, the delay in filing the application to bring on record legal heirs of deceased respondent No.2 is condoned. Accordingly, CMP(M) No. 537 of 2023 is allowed. The application to stand disposed of.
For the same reason, CMP(M) No. 536 is also allowed. The legal heirs of respondent No.2, detailed in para- 3 of the application are ordered to be brought on record. Since Sh. Milkhi Ram, one of the legal heirs of respondent No.2 is already on record as respondent No.1, therefore, the other legal heir Sh. Kuldeep Kaundal is brought on record ::: Downloaded on - 30/05/2023 20:35:13 :::CIS as respondent No.2(a). The application to stand disposed of.
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RSA No. 113 of 2021 Amended memo of parties stands filed. Registry to carry out necessary correction in the cause title.
List for consideration on 30.06.2023.
May 30, 2023
r to Jyotsna Rewal Dua
Judge
(R.Atal)
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