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2025 DAILYLAW 1306 (HP)

HET RAM v. MAHESH PAL SHARMA

CMP/14134/2025 · 2026-01-05

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Het Ram (deceased) through LRs. vs. Mahesh Pal Sharma and others CMP No.14134 of 2025 in Civil Revision No.105 of 2011 05.01.2026 Present: Ms. Rinki Kashmiri, Advocate, vice Mr. Janesh Gupta, Advocate, for the non-applicants/petitioners. Mr. I.S. Chandel, Advocate, for the applicant/respondents. The present application has been filed seeking release of the use and occupation charges deposited in the case at hand in favour of the applicant, i.e., respondent No.4-Smt. Saroj. No reply is intended to be filed on behalf of the non- applicants. The non-applicants have no objection, if in case the present application is allowed and the amount of use and occupation charges along-with up-to-date interest lying deposited in the Registry of this Court is ordered to be released in favour of the applicant- Smt. Saroj (respondent No.4). At this stage, learned counsel for the applicant has drawn attention of this Court to affidavits filed in compliance to order dated 25.07.2025. These affidavits have been filed by the respondents and their legal representatives, in the case at hand, as Smt. Raj Rani and Smt. Sunita Sharma have died during the pendency of the present application. Perusal of the said affidavits reveal that none of the respondents, i.e., their legal heirs have any objection in release of the amount, in the case at hand in favour of the applicant-Smt. Saroj (respondent No.4). In view of the affidavits so filed and for the reasons mentioned in the application, the same is allowed and the amount of use and occupation charges along-with up-to-date interest lying deposited in the Registry of this Court, is ordered to be released in favour of the applicant- Smt. Saroj. The same be remitted in the bank account of the applicant, detailed in Paragraph-5(a) of the application, subject to proper verification of her identity. The application stands disposed of. ( Bipin C. Negi ) January 5, 2026 (KS) Judge