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2025 DAILYLAW 16924 (HP)

Joginder Lal Kuthiala and others v. Babu Lal and others

CMP.M/1322/2025 · 2025-09-22

Satyen Vaidya

body2025

Judgment text

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Joginder Lal Kuthiala & others vs. Babu Lal & others.283 CR No.211 of 2022 22.09.2025 Present: Mr. Abhishek Banta, Advocate, for the petitioners. Mr Deepak Gupta,Advocate, for the respondents. CMP(M) No.1322 of 2025 This application has been filed for bringing on record the legal representatives of deceased petitioner No.2 Sh. Jatinder Lal Kuthiala, who is stated to have died on 14.03.2025. It is averred that the deceased Sh. Jatinder Lal Kuthiala had executed a Will in respect of the subject premises and according to said Will, the share of Sh. Jatinder Lal Kuthiala has been inherited by his nephew Sh. Vikrant Kuthiala and Sh. Nandan Kuthiala. On such premise, a prayer has been made to implead the said Sh. Vikrant Kuthiala and Sh. Nandan Kuthiala as petitioners No. 2(a) and 2(b) in the instant revision petition to substitute the deceased petitioner No.2. The respondents have filed their reply to the application and have opposed the prayer. It has been submitted on behalf of the respondents that the eviction has been sought on the ground of bonafide requirement for re- building and reconstruction and on death of the original landlord, the alleged bonafide need will not survive. Rejoinder has also been filed. A copy of jamabandi relating to the subject property has been placed on record in which an entry has been made with respect to mutation of inheritance of Sh. Jatinder Lal Kuthiala in favour of his nephews Sh, Vikrant Kuthiala and Sh. Nandan Kuthiala. The implement of legal representatives does not by itself amount to adjudication of any of the disputed issues on merits. Thus, objection as raised on behalf of respondents is not relevant at this stage. The respondents have every right to agitate the issue so raised on merits of the petition. Accordingly, the application is allowed. Sh. Vikrant Kuthiala and Sh. Nandan Kuthiala are ordered to be brought on record as petitioners No. 2(a) and 2(b). Amended memo of parties be filed. Application stands disposed of subject to all just exceptions. (Satyen Vaidya) Judge September 22, 2025 (veena)