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2018 DAILYLAW 2331 (HP)

RENUKA JI DAM PROJECT AND OTHERS v. JAGDISH (DECEASED) THROUGH HIS LRS KAMLA DEVI AND OTHERS

CMP/27540/2025 · 2026-01-05

Sandeep Sharma

body2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Renuka Ji Dam Project and others vs. Jagdish Kumar(deceased) through his LRs and others RFA No.296 of 2018 05.01.2026 Present Mr. Digvijay Singh Kanwar, Advocate vice Mr. Yashveer Singh Rathore, Advocate, for the applicants/respondents. Mr. Hamender Singh Chandel, Advocate, for the non-applicants/appellants. CMP No. 27535 of 2025 By way of instant application, prayer has been made on behalf of the applicants/ respondents for their impleadment as party respondents being LRs of deceased Roop Singh, respondent No.7, who has expired on 28.11.2022, as is evident from death certificate placed on record. Since applicants are the grandsons of deceased respondent No.7, as is evident from the legal heir certificate placed on record, coupled with the fact that other LRs, as detailed in the legal heir certificates, are already on record, this Court sees no impediment in accepting the prayer made in the application, which prayer otherwise has been not opposed by the non-applicants/appellants. Consequently, in view of the above, the present application is allowed and applicants namely, Pritam Singh and Naresh Kumar are ordered to be impleaded as party respondents No. 7(a) and 7b) being LRs of deceased respondent No.7, whose name is otherwise ordered to be deleted from the array of the parties. Registry is directed to carry out necessary correction in the memo of the parties on the basis of amended memo of parties annexed with the application. The application stands disposed of. CMP No. 27540 of 2025 By way of instant application, prayer has been made on behalf of applicants/respondents No.7 (a), 7(b) and applicant/ respondent No.8 for release of the award amount lying deposited in the Registry of this Court. No reply is intended to be filed on behalf of the non-applicants/appellants. Careful perusal of the averments contained in the petition reveal that appeal, having been filed by the non- applicants/appellants, laying therein challenge to award dated 15.11.2018 passed by learned District Judge, Sirmaur at Nahan, Himachal Pradesh in case No. 55-LAC/4 of 2015 stands dismissed by this Court vide judgment dated 12.11.201 passed in RFA No.291 of 2018. Since no appeal, whatsoever, has been filed against the aforesaid judgment passed by this Court in the superior Court of law, same has attained finality. The non-applicants/appellants had deposited total award amount of Rs. 27,72,25,863/- in the Registry of this Court, out of which, sum of Rs. 24, 33, 19, 962/- qua the shares of respondent Nos. 1 to 6 already stands released, whereas balance amount of Rs. 3, 39,05,901/- pertains to the share of applicant/respondent No. 7, 9 to 12 and is lying deposited in the Registry of this Court. Out of remaining amount of Rs. 3, 39, 05,901/-, 50% amount falling in the share of respondent No.7 already stands released. Balance 50% amount is required to be released in favour of LRs of deceased No.7 i.e. respondent No.7 (a) and 7(b) and respondent No.8. Deceased Roop Singh has executed the Will (Annexure-C) thereby bequeathing half of the share to respondent No.8 and remaining half is to be distributed among respondent No.7(a) and 7(b). Since it has been fairly admitted on the behalf of the non-applicants/ appellants that judgment passed by this Court in RFA No.291/2018 has attained finality, coupled with the fact that applicants/ respondents No. 7(a), 7(b) and respondent No.8 being LRs of deceased Roop Singh, deserve to be released award amount as detailed hereinabove, being LRs of deceased, this Court sees no impediment in accepting the prayer made in the application. Consequently, in view of the above, the present application is allowed and Registry is directed to release the 50% award amount falling in the share of deceased respondent No.7 in fav0our of respondent No.8 and remaining amount in equal shares in favour of applicants/ respondents No.7 (a), 7(b) with upto date interest, by remitting the same in their saving bank accounts, details whereof are given in par-9 of the application, subject to verification by the Accounts Branch. The application stands disposed of. (Sandeep Sharma) Judge January 05, 2026 (shankar)