Himachal Pradesh High Court
Lac & Another vs Subedar Birbal Singh & on 25 May, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
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LAC & another Versus Subedar Birbal Singh & others RFA No.117 of 2017 25.05.2022 Present: Mr. Dinesh Thakur, Mr. Sumesh Raj, Mr. Sanjeev Sood, Additional Advocates General, with Mr. Manoj Bagga, Assistant Advocate General, for the appellants. Mr. Ankit Dhiman and Ms. Richa Thakur, Advocates, for proposed legal representatives 1 (a) to 1 (c), respondents No.2, 3 and for proposed legal representatives 6 (g) and 6 (i). None for respondents No.5 (a) to 5 (c). CMPs No.718 & 719 of 2021 Proposed legal representative 6 (h) stands served. At this stage, Mr. Ankit Dhiman, learned counsel has put in appearance on behalf of proposed legal representative 6 (g) and 6 (i).
By way of these applications, a prayer has been made to bring on record legal representatives of deceased respondent No.6 and also for condonation of delay in filing the application and setting aside abatement.
No reply is intended to be filed to the applications.
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2 Accordingly, in view of the averments made in the applications, the same are allowed, as prayed for. Proposed legal representatives of deceased respondent No.6 are ordered to be brought on record as respondents No.6 (a) to 6 (i). Delay in filing the application is condoned. Abatement is set aside. The applications stand disposed of.
CMP(M) Nos. 720 & 721 of 2015 Proposed legal representative 1 (a) stands served. At this stage, Mr. Ankit Dhiman, learned counsel has put in appearance on behalf of proposed legal representative 1 (a) to 1 (c).
By way of these applications, a prayer has been made to bring on record legal representatives of deceased respondent No.1 and also for condonation of delay in filing the application and setting aside abatement.
No reply is intended to be filed to the applications.
Accordingly, in view of the averments made in the applications, the same are allowed, as ::: Downloaded on - 26/05/2022 20:06:15 :::CIS .
3 prayed for. Proposed legal representatives of deceased respondent No.1 are ordered to be brought on record as respondents No.1 (a) to 1 (c). Delay in filing the application is condoned. Abatement is set aside. The applications stand disposed of. CMP No.3350 of 2022
This application is disposed of with the direction that in the event of the applicants/appellants depositing entire award amount with uptodate interest with the Registry of this Court within a period of eights weeks from today, the operation of the impugned judgment dated 19.08.2011, passed by the Court of learned District Judge, Mandi, H.P., in Reference Petition No.57/2003, titled as Subedar Birbal Singh & others Versus Collector Land Acquisition & another, shall remain stayed.
CMP No.3353 of 2022
By way of this application which has been filed under Order 1, Rule 10 read with Section 151 of the Code of Civil Procedure, a prayer has been ::: Downloaded on - 26/05/2022 20:06:15 :::CIS .
4 made to implead the Principal Secretary PWD to the Government of Himachal Pradesh as appellant.
Having heard learned Counsel for the parties and having perused the averments made in the application, the same is allowed, as prayed for, and Principal Secretary PWD to the Government of Himachal Pradesh is impleaded as appellant No.1 in the present appeal. Registry to carry out necessary correction in the memo of parties. The application stands disposed of accordingly. RFA No.117 of 2017
Notice to the newly added respondents. Mr. Ankit Dhiman, learned counsel accepts notice on behalf of newly added respondents 1 (a) to 1 (c) and 6 (g) to 6 (i). Let, notices be issued to proposed legal representatives 6 (a) to 6 (f), returnable for 22.07.2022, on taking steps within two weeks.
Respondent No.4 is stated to have been served. Further, Mr. Ankit Dhiman, learned counsel has not filed Power of Attorney on behalf of ::: Downloaded on - 26/05/2022 20:06:15 :::CIS .
5 respondents No.2 and 3. As prayed for, let the needful be done within three weeks.
May 25, 2022
to (Ajay Mohan Goel)
Judge
(Rishi)
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