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High Court of Himachal Pradesh · body

2025 DAILYLAW 21473 (HP)

G.M.NORTHERN RAILWAYS v. KISHORI LAL

CMP/23258/2025 · 2025-09-23

Bipin Chander Negi

body2025

Judgment text

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General Manager Northen Railways vs. Kishori Lal and others CMP No. 23258 of 2025 in RFA No. 47 of 2011 08.09.2025 Present: Mr. Bharat Bhushan, Senior Panel Counsel for appellant/non-applicant. Mr. Ajay Sharma, Senior Advocate with Mr. Tarun Brakta, Advocate for the applicants/respondents. CMP No. 23256 of 2025 Heard learned counsels for the parties and perused the pleadings. Appeal in the case at hand was decided by a Co-ordinate Bench of this Court on 18.08.2017. Subsequent to passing of the judgment, respondent No. 1 Kishori Lal is stated to have died on 16.02.2023. The same is evident from the death certificate appended along with the application. The details of legal heirs of the deceased respondent No. 1 have been given in para No. 1 of the application, and the same is in consonance with the legal heir certificate appended along with the present application. In view thereof, the present application is allowed. The name of deceased respondent No. 1 Kishori Lal is ordered to be deleted and instead of Kishori Lal, the legal heirs detailed in para No. 1 of the application are ordered to be arrayed as party respondent No. 1(a) to 1(e). Amended memo of parties filed along with the present application is ordered to be taken on record. Application stands disposed of. CMP No. 19820 of 2025 Heard counsels for the parties and perused the application. Appeal in the case at hand was decided by the Co-ordinate Bench of this Court on 18.08.2017. An intimation dated 23.02.2019 has been placed on record, which has been received from the Assistant Registrar of Supreme Court of India, New Delhi. From the perusal of the same, it is evident that the appeal preferred against the judgment dated 18.08.2017 has been dismissed by the Apex Court on 20.02.2019. In view thereof, I see no impediment in allowing the present application and ordering release of the amount lying deposited in the Registry of this Court in favour of the applicants along with up-to-date interest accrued thereupon in terms of the share detailed in para No. 2 of the application. Amount be remitted to their bank account, details whereof have been given in the same paragraph, subject to proper verification. Application stands disposed of. (Bipin C. Negi) Judge September 08, 2025. (Susheel)