Himachal Pradesh High Court
Menka Joshi vs . Neelam Sharma And Others. on 7 March, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Menka Joshi vs. Neelam Sharma and others.
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RSA No. 186 of 2008 with RSA No. 572 of 2009 RSA No. 186 of 2008 07.03.2022 Present: Mr. Anuj Gupta, Advocate for the appellant.
Mr. B.C. Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate for respondents No. 1, 2, 3(a), 3(c), 4 and 5.
Respondent No. 3(b) Sandeep Sharma is stated to have expired.
RSA No. 572 of 2009 Mr. Anuj Gupta, Advocate for the appellant.
Mr. B.C. Negi, Sr. Advocate with Mr. Nitin Thakur, Advocate for respondents No. 1, 3, 4 to 6.
Respondent No.2 Sandeep Sharma is stated to have expired.
None for respondent No.7.
Mr. Kuldeep Chand Thakur, Deputy Advocate General, for respondent No.8.
CMP(M) No. 238 of 2022 in RSA No. 186 of 2008 Original respondent No. 3 Mukta Sharma had expired on 2nd July, 2008 during pendency of this appeal and for her substitution, CMP(M) Nos. 308 and 309 of 2009 were filed on 10 th April, 2009, which were allowed vide order dated 16.3.2011 and respondents No. 3(a) to 3(c) namely G.R. Sharma, Sandeep Sharma and Vishal Sharma respectively were brought on record in her place.
As a matter of fact, during pendency of CMP(M) Nos.
308 and 309 of 2009, respondent No.3(b) had expired on 17 th October, 2010. The said fact was not brought in the knowledge of appellant.
::: Downloaded on - 08/03/2022 20:11:53 :::CISNow, this application has been filed for substitution of deceased .
respondent No.3(b) Sandeep Sharma through his legal heirs i.e. his wife Kenny Sharma and daughter Tanvi Sharma.
No objection has been communicated on behalf of appellant for substitution of deceased respondent No. 3(b) Sandeep Sharma, through proposed respondents/legal heirs of deceased Sandeep Sharma, mentioned in para 5 of this application.
Copy of death certificate of Sandeep Sharma has been placed on record. Copy of application submitted to Municipal Corporation Panchkula for issuance of legal heirs certificate has been placed on record whereupon Municipal Councillor, Ward No. 17, Panchkula has verified that there is no other legal heir of deceased Sandeep Sharma except Kenny and Tanvi and on the basis of this report, it has been counter-signed by Municipal Councillor Panchkula as well as Tehsildar Panchkula.
In view of aforesaid facts and circumstances, respondent No. 3(b) Sandeep Sharma is permitted to be substituted through his wife Kenny and daughter Tanvi, who are also present in Court, as respondents No. 3(b)(i) and 3(b)(ii) respectively.
Application stands disposed of.
CMP(M) No. 233 of 2022 in RSA No. 572 of 2009 This application has been filed for substitution of deceased respondent No.2 Sandeep Sharma through his legal heirs i.e. his wife Kenny Sharma and daughter Tanvi Sharma.
No objection has been communicated on behalf of ::: Downloaded on - 08/03/2022 20:11:53 :::CIS appellant for substitution of deceased respondent No. 2 Sandeep .
Sharma, through proposed respondents/legal heirs of deceased Sandeep Sharma, mentioned in para 5 of this application.
Copy of death certificate of Sandeep Sharma has been placed on record. Copy of application submitted to Municipal Corporation Panchkula for issuance of legal heirs certificate has been placed on record whereupon Municipal Councillor, Ward No. 17, Panchkula has verified that there is no other legal heir of deceased Sandeep Sharma except Kenny and Tanvi and on the basis of this report, it has been counter-signed by Municipal Councillor Panchkula as well as Tehsildar Panchkula.
In view of aforesaid facts and circumstances, respondent No. 2 Sandeep Sharma is permitted to be substituted through his wife Kenny and daughter Tanvi, who are also present in Court, as respondents No. 2(a) and 2(b) respectively.
Application stands disposed of.
RSA No. 186 of 2008Ms. Kenny Sharma and Ms. Tanvi Sharma, are present.
They are duly represented and identified by Mr. Nitin Thakur, Advocate, who has to file power of attorney on their behalf during the course of day. Their statements have recorded, on oath, and placed on the file.
It has come in statement of Ms. Kenny Sharma that respondent No. 3(a) G.R. Sharma had expired in September, 2009 leaving behind his only legal heirs Sandeep Sharma and Vishal Sharma.
::: Downloaded on - 08/03/2022 20:11:53 :::CISIn view of her statement, name of G.R. Sharma is to be .
deleted, but, after placing on record his death certificate.
Learned counsel for appearing parties submit that respondents No. 3(a) to 3(c) were served by way of publication and therefore, information regarding death of G.R. Sharma did not come in the notice and steps for deletion of his name could not be taken at the earlier stage.
Appropriate steps be taken within one weeks. List on 29th March, 2022.
RSA No. 572 of 2009List on 29th March, 2022 along with RSA No. 186 of 2008.
March 07, 2022 (Vivek Singh Thakur)
(ms) Judge
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