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2025 DAILYLAW 2003 (HP)

STATE OF HP AND ORS v. KANSHI RAM AND ORS

CMP/19410/2025 · 2026-01-05

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

State of HP & ors. Vs. Kanshi Ram (deceased) through LRs & ors. CMPs No.32120 & 19410 of 2025 in RFA No.202 of 2011 05.01.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, for non-applicants/appellants. Ms. Dhanvanti Devi, Advocate, for the applicants/ respondents. CMP No.32120 of 2025 The present application under Order 1, Rule 10 of the Code of Civil Procedure (CPC) for deletion of the name of respondent No.2-Hari Lal and to implead his LRs as respondents No.2(i) to 2(iii). 2. The application is duly supported with an affidavit of one of the applicants/proposed respondents, Shankar Dass, and death certificate of the deceased as well as Legal Heirs Certificate. 3. Learned Additional Advocate General states that no reply is intended to be filed to the application and he has no objection in case the same is allowed. 4. Heard. Keeping in view the facts and circumstances of the case and since right to sue survives in favour of the applicants, the application is allowed and the name of deceased respondent No.2- Hari Lal is deleted from the array of parties and consequently, his legal heirs, as mentioned in para-5 of the application, are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties, filed alongwith the application, is ordered to be taken on record. 5. The application stands disposed of. CMP No.19410 of 2025 6. The present application under Section 151 CPC has been maintained by the applicants/respondents No.1(i) to 1(vii), 2(i) to 2(iii), 3(i) to 3(v), 4, 5 & 7 to 12, for release of the balance awarded amount of compensation, lying deposited in the Registry of this Court. The application is duly supported with affidavits of the applicants. 7. No reply is intended to be filed on behalf of non- applicants/appellants and learned Additional Advocate General has no objection in case the prayer made in the application is allowed. 8. Heard. Having perused the averments made in the application which are duly supported with affidavits of the applicants, coupled with the fact that the State has no objection in releasing the amount in favour of the applicants, this Court finds it in the interest of justice to release balance awarded amount of compensation, along with up-to-date interest, lying deposited in the Registry of this Court, in favour of the applicants/respondents No.1(i) to 1(vii), 2(i) to 2(iii), 3(i) to 3(v), 4, 5 & 7 to 12, as per their respective shares in the total awarded amount of compensation, after proper verification and identification, by remitting the same to their respective bank accounts, details whereof has been given in para-6 of the application. The application stands disposed of. ( Sushil Kukreja ) Judge January 05, 2026 (V.Himalvi)