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High Court of Himachal Pradesh · body

2019 DAILYLAW 2133 (HP)

Collector Land Acquisition v. Kahan Chand And Others

CMP.M/1266/2025 · 2026-04-29

Sushil Kukreja

body2019

Judgment text

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Collector Land Acquisition Vs. Kahan Chand & ors. RFA No.401 of 2019 29.04.2026 Present: Ms. Shreya Chauhan, Advocate, for the appellant. Mr. Naveen K. Bhardwaj, Advocate, for respondents No.1, 4 to 6 and for the proposed LRs of 2(c) to 2(e) & 3(c). Proposed LRs No.2(a), 2(b), 3(a) & 3(b) already ex- parte. Mr. B.N. Sharma, Additional Advocate Geneal, for respondent No.7/State. CMP(M) Nos.1266 & 1267 of 2025 The present applications under Order 22, Rules 4 and 9 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased respondent No.2-Keshav Ram, after condonation of delay and setting aside the abatement. 2. As per the applicant, respondent No.2-Keshav Ram had died during pendency of the appeal on 25.02.2021 and left behind his five legal representatives, mentioned as (a) to (e) in para-3 of the application [CMP(M) No.1266 of 2025], However, on the basis of Will of the deceased, the immovable property has been devolved only upon two legal representatives, i.e. (a) Gopal Singh and (b) Lotam Ram, who are required to be brought on record. The applications are duly supported by the affidavit of the Assistant Manager (Civil) of the applicant-appellant, as well as copies of death certificate and Legal Heirs Certificate. 3. No reply(ies) is/are intended to be filed to the applications. 4. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent No.2- Keshav Ram, namely (a) Gopal Singh and (b) Lotam Ram, as mentioned in para-5 of the application {CMP(M) No.1266 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties filed alongwith {CMP(M) No.1266 of 2025} is ordered to be taken on record. 5. The applications stand disposed of. CMP(M) Nos.1268 & 1269 of 2025 6. The present applications under Order 22, Rules 4 and 9 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed for bringing on record the legal heirs of deceased respondent No.3-Sangat Ram, after condonation of delay and setting aside the abatement. 7. As per the applicant, respondent No.3- Sangat Ram had died during pendency of the appeal on 11.11.2023 and left behind his three legal representatives, mentioned as (a) to (c) in para-3 of the application [CMP(M) No.1268 of 2025]. However, on the basis of Will of the deceased, the immovable property has been devolved only upon two legal representatives, i.e. (a) Leela Dhar and (b) Puran Chand, who are required to be brought on record. The applications are duly supported by the affidavit of the Assistant Manager (Civil) of the applicant-appellant, as well as copies of death certificate and Legal Heirs Certificate. 8. No reply(ies) is/are intended to be filed to the applications. 9. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent No.3-Sangat Ram, namely (a) Leela Dhar and (b) Puran Chand, as mentioned in para-3 of the application {CMP(M) No.1268 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any. 10. The applications stand disposed of. RFA No.401 of 2019 11. Let notice be issued to respondents No.2(a), 2(b), 3(a) and 3(b) returnable within four weeks, on taking steps within a period of three days. List thereafter. ( Sushil Kukreja ) Judge April 29, 2026 (V.Himalvi)