Himachal Pradesh High Court
Lac & Another vs . Ram Ditta & Others. on 25 April, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
LAC & Another Vs. Ram Ditta & others.
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CMP (M) No. 220 of 2021 25.4.2022 Present: Ms.Rameeta Rahi, Additional Advocate General, for the applicants/appellants.
Respondents No. 1 and 2 stated to have died. Respondents No. 3 to 6 ex parte.
r to CMP (M) Nos. 1325 and 1326 of 2021 These applications have been filed for substitution of deceased respondent No. 1 Ram Ditta through his legal heirs, mentioned in para 5 of CMP (M) No. 1325 of 2021, after condoning the delay and setting aside abatement, if any.
Death certificate of respondent No. 1 Ram Ditta alongwith certificate issued by Patwari, duly counter signed by Naib Tehsildar, have been placed on record, stating therein that estate of Ram Ditta has devolved upon his wife Sandhya Devi (one share) and his nephews Joginder Singh and Surjeet Singh, son of Shiv Ram in equal shares (four shares).
Notice upon Sandhya Devi is duly served, but she has not chosen to be represented.
Though notices issued to Joginder Singh and Surjeet Singh have been received back unserved for mentioning of wrong parentage against them, as they are sons of Shiv Ram, but notices have been issued mentioning them as sons of Ram Ditta. At this stage, it is noticeable that these ::: Downloaded on - 25/04/2022 20:09:28 :::CIS proposed respondents are also on record as respondents No. .
3 and 4, who have been duly served in the main CMP (M) No. 220 of 2021, but have not chosen to be represented. Therefore, they are also deemed to have been served.
In aforesaid circumstances, deceased respondent No. 1 Ram Ditta is permitted to be substituted through his legal heirs as respondents No. 1(a) to 1(c), respectively, after condoning the delay and setting aside abatement, if any.
The application stands disposed of. CMP (M) Nos. 1327 and 1328 of 2021 These applications have been filed for substitution of deceased respondent No. 2, Shiv Ram through his legal heirs. Out of four legal heirs, two proposed legal heirs are already on record as respondents No. 3 and 4. Proposed respondents No. 2(c) and 2(d) have been duly served, but they have not chosen to be represented.
Death certificate of Shiv Ram alongwith certificate issued by Patwari duly counter signed by Naib Tehsildar, have been placed on record, indicating that proposed respondents are only legal heirs of deceased Shiv Ram.
In aforesaid facts and circumstances, deceased respondent No. 2 Shiv Ram is permitted to be substituted through his legal heirs as respondents No. 2(a) to 2(d), respectively, after condoning the delay and setting aside abatement, if any.
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The application stands disposed of.
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CMP (M) No. 220 of 2021Amended memo of parties with correct parentage of newly added respondents No. 1(b) and 1(c), i.e. Joginder Singh and Surjeet Singh, sons of Shiv Ram, be filed within one week.
Service is complete. Respondents are duly served, but they have not chosen to be represented.
For the reasons stated in the application, delay in filing the appeal is condoned. Appeal be registered.
The application stands disposed of. RFA No. ..... of 2022 (RFAST No. 37818 of 2020) Admit.
Records be requisitioned.
Post admission notice to respondents No. 1(a) to 1(c), 2(a) to 2(d) and 3 to 6, returnable within four weeks, be issued on taking steps within two weeks.
CMP No. .... of 2022 (CMPST No. 37819 of 2020) Subject to deposit of entire awarded amount along with up to date interest within six weeks from today, in the Registry of this Court, operation and execution of impugned award dated 14.6.2019, passed by learned Additional District Judge, Ghumarwin in Land Reference Petition No. 27/4 of 2011, shall remain stayed. Alteration/modification/vacation on motion.
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The application stands disposed of.
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Dasti copy on usual terms.
(Vivek Singh Thakur), Judge.
25th April, 2022
(Keshav)
r to
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