Himachal Pradesh High Court
The Renukaji Dam Project And Ors vs Narayan Singh And Ors on 1 November, 2019
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RFA No. 242 of 2018
Date of Decision: 1.11.2019.
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The Renukaji Dam Project and Ors. .........Appellants
Versus
Narayan Singh and Ors. ....Respondents.
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting1?
For the appellants: Mr. Vikas Mishra, Advocate, for the appellants.
For the respondents: Mr. Karun negi, Advocate, for respondents No. 1 ,4
and 5 (a) to 5(c).
Mr. Rupinder Singh, Advocate, for the applicants in
CMP(M) Nos. 530 and 531 of 2019 and CMP No. 5344
of 2019.
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Sandeep Sharma, J. (Oral)
Parties are ad-idem that since respondent No.3 Shri Yashwant Singh died during the pendency of the reference petition, application having been filed by the applicants/appellants under Order 22 Rules 4, 9 and 11 CPC and Section 5 of the Limitation Act, for bringing on record the LRs of deceased aforesaid respondent No.3 after condoning the delay and setting aside the abatement, if any, are required to be decided by the court below.
2. Consequently, in view of the above, awarded dated 7.5.2018, passed by the learned District Judge, Sirmaur at Nahan, H.P. in LAC Petition No. 69-LAC/4 of 2015 titled Narayan Singh and Ors v. Renukaji Dam Project and Ors is quashed and set-aside and matter is remanded back to the reference court below with direction to decide the applications detailed herein above in accordance with law and thereafter pass appropriate award.
Whether reporters of the Local papers are allowed to see the judgment?
::: Downloaded on - 04/11/2019 20:24:07 :::HCHP -2-3. During the pendency of the present appeal before this court person namely Anita Devi, D/o Sh. Partap Singh, R/o VPO Ghandori, Tehsil Nohradhar, District Sirmaur, H.P. has filed an application bearing CMP No. 5343 .
of 2019 under Order 1 Rule 10 CPC, seeking her impleadment as respondent-
claimant in the appeal on the ground that late Veer Singh i.e. husband of late Murto Devi and father of Sh. Narain Singh, had executed will dated 1.1.1995 in her favour, whereby late Veer Singh bequeathed his rights in favour of Ms. Anita Devi. Since factum with regard to death of respondent No.3 Yashwant has come in the notice of this Court and matter stands remanded to the reference court below, as such, this Court also deems it fit to transfer this application alongwith applications filed on behalf of the applicants/appellants for bringing on record the LRs of respondent No.3 to the court below for adjudicating the same in accordance with law. Ordered accordingly.
4. Registry is directed to send CMP Nos. 5343 and 5344 of 2019 and CMP(M) Nos. 530, 531, 831 and 832 of 2019 alongwith records to the court below forthwith, enabling it to do the needful in terms of instant judgment.
5. Learned counsel for the parites undertake to cause presence of their respective clients before the court below on 15.11.2019, enabling it to proceed with the matter in terms of directions contained in the instant judgment. Registry to apprise the court below with regard to passing of instant order. Interim order, if any, stands vacated.
6. Since entire award amount is lying deposited in this Court pursuant to order dated 20.8.2018, appellant is at liberty to move appropriate application at appropriate time for refund of the amount or transferring the same to the ::: Downloaded on - 04/11/2019 20:24:07 :::HCHP -3- case, which appellant may file subsequently after passing of judgment/fresh award, if any, passed by the court below. In the aforesaid terms, present appeal stands disposed of.
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Copy dasti.
1st November, 2019 (Sandeep Sharma),
manjit Judge.
r to
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