Himachal Pradesh High Court
Gm Northern Railway vs . Mohan Lal on 21 October, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
GM Northern Railway vs. Mohan Lal .
RFA No. 142 of 2020 21.10.2022 Present: None for the appellant.
Respondent No.1 is stated to have expired.
Mr. Ajay Sharma, Sr. Advocate with Mr. Atharv Sharma, Advocate for respondents No. 2 and 3.
Ms. Seema Sharma, Deputy Advocate General, for respondent No.4.
CMP No. 14677 of 2022 Respondent No.1 Mohan Lal has expired. This application has been filed by his son Varinder Singh for substituting him in his place. Copies of death certificate and legal heir certificate of deceased have been placed on record. As per legal heirs certificate, there are five natural legal heirs of deceased Mohan Lal, however, his immovable property has devolved upon his son Varinder Singh only. It has been stated that there is no other legal heir of deceased respondent.
In aforesaid circumstances, application is allowed and Varinder Singh is permitted to be substituted in place of deceased Mohan Lal by deleting the name of Mohan Lal from the array of respondents. Amended memo of parties, filed with application, be taken on record at appropriate place.
Application stands disposed of.
RFA No. 142 of 2020Consequential steps on account of death of respondent No.1 have not been taken. However, an application has been filed by ::: Downloaded on - 21/10/2022 20:09:41 :::CIS legal heir Varinder Singh son of deceased respondent Mohan Lal for .
deletion of name of deceased respondent and addition of legal heir in his place. The said application stands allowed.
At this stage, Mr. Sandeep Pandey, Advocate, under instructions of Mr.Sanjay Ranta, Advocate, appears and submits that he has been instructed to appear in this case on behalf of legal heir of Mohan Lal. Legal heir of Mohan Lal is already duly represented by Mr. Atharv Sharma, Advocate, and has filed applications i.e. CMP Nos.
14677 and 14679 of 2022 along with power of attorney filed on behalf of Varinder Singh son of Mohan Lal. Learned counsel may verify the correctness.
Mr. Sanjay Ranta, Advocate, is also directed to verify the instructions. It appears that there is some lack of communication.
CMP No. 14679 of 2022Allowed at this stage and applicants are exempted from filing English translation of documents which are in Hindi, subject to filing of the same within seven days as and when directed to do so.
Application stands disposed of.
CMP No. 12632 of 2022List for consideration on 15th November, 2022.
October 21, 2022 (Vivek Singh Thakur)
(ms) Judge
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