Himachal Pradesh High Court
CIVIL APPEAL 221 of 2003 on 31 December 2020
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31.12.2020
CMPs No. 13906 & 13884 of2020 in RFA No. 221 of 2003.
Present:Mr. Sudhir Bhatnagar, Additional Advocate Generalfor non-applicants/appellants.
Mr.J.K.Sharma,Advocate,forapplicants/respondents.
Through video conferencing.
CMP No. 13906 of 2020
By way of instant application filed under Order 1Rule 10 CPC, applicants/respondents while praying for deletionof name of Smt. Kalawati,respondent No.1, have prayed foraddition of their names in place of deceased Smt. Kalawatibeing her legal heirs.
Mr. Sudhir Bhatnagar, learned Additional AdvocateGeneral, fairly states that he does not intend to file reply andshall have no objection in case prayer made in the application isallowed.
Having heard learned counsel representing theparties and perused the averments contained in the application,which is duly supported with an affidavit, this Court finds thatoriginal respondent No.1, Smt. Kalawati has expired on27.08.2014 and as such, present applicants/respondents haveapproached this Court in the instant proceedings for theirimpleadment in place of deceased Smt. Kalawati. Legal HeirsCertificate placed on record clearly reveals that applicants Dayawati, Umawati, Tirthawati, Devinder Kumar and AshokKumar, are legal representatives of deceased Smt. Kalawati andas such, they are liable to be substituted in place of deceasedrespondent No.1, Smt. Kalawati. Legal heirs namely, DevinderKumar and Ashok Kumar are already on record as respondentsNo. 2 & 3, therefore, applicants/respondents are ordered to beimpleaded as party-respondents No. 1(a) to 1(c), in place ofSmt. Kalawarti, whose name is ordered to be deleted from thearray of parties. Registry is directed to carry out necessarycorrection on the basis of amended memo of parties.Application stands disposed of.
CMP No. 13884 of 2020
By way of instant application, prayer has beenmade on behalf of the applicants/respondents No.1(a) to 1(c)and 2 & 3, for release of award amount lying deposited in theRegistry of this Court.
Mr. Sudhir Bhatnagar, learned Additional AdvocateGeneral, fairly states that since judgment dated 17.10.2014passed by this Court in RFA No. 221 of 2003 along withconnected matters has attained finality, there is no impedimentin accepting the prayer made in the instant application.
Having heard learned counsel for the parties andperused the material available on record, this Court finds thatjudgment rendered by this Court in RFA No. 221/2003 along with connected matters has attained finality because none of theparties has approached superior Court of law, laying thereinchallenge to the aforesaid judgment and as such, there appearsto be no impediment in accepting the prayer made in the instantapplication and accordingly same deserves to be allowed.Since, applicants/respondents No. 2 & 3 namely DevinderKumar and Ashok Kumar were party-respondents, they havealready received amount of their share in terms of awardpassed by Land Acquisition Collector, however, they being legalheirs of deceased Smt. Kalawati are also entitled qua theamount falling in the share of deceased Smt. Kalawati alongwith other applicants/respondents No. 1(a) to 1(c).
Consequently, in view of the above, presentapplication is allowed and Registry is directed to release shareof deceased Smt. Kalawati in favour of the applicants No. 1(a)to 1(c) and 2 & 3, in equal share along with up-to-date interestby remitting the same in their bank accounts, details whereofare mentioned in para-2 of the application, subject to verificationby the Accounts Branch. Application stands disposed of.
(Sandeep Sharma) Judge