Collector, LAC & Anr. Vs. Rai Singh & Ors. CMP(M) No. 1164/2025 17.03.2026 Present: Ms. Archna Negi, Deputy Advocate General, for the applicant/appellant. Respondents No. 1 to 3 & 6(i) to 6(iv) are ex parte. CMPs(M) No. 2265 & 2266/2025 None has put in appearance on behalf of proposed legal representatives No. 4(a) to 4(d) despite service, hence they are proceeded against ex parte. The instant applications, under Order 22, Rules 4 & 9, read with Section 151 of the Code of Civil Procedure and Section 5 of the Limitation Act, have been filed by the applicant for bringing on record the legal representatives of deceased respondent No. 4, Indra Devi and for condonation of delay in filing the application. The applications are duly supported by an affidavit of Superintending Engineer, 10th Circle, HPPWD Bilaspur, death certificate of the deceased as well as legal heirs certificate. As per the applicant, respondent No. 4 has expired on 10.04.2025 and left behind the legal representatives, as mentioned in para-3 of the application. However, the delay in filing the application has occurred, as it took considerable time to obtain necessary ….2…. documents and thereafter to prepare and file the application. Therefore, the delay, as occurred is neither intentional, nor willful, but was beyond the control of the applicant and deserves to be condoned in the interest of justice. Heard. Taking into consideration the fact that the delay, as occurred, was beyond the control of the applicant and has been sufficiently explained in the application, as such, the same is condoned. As right to sue still survives in favour of the legal representativess of deceased respondent No. 4, the application is allowed and legal representatives, as mentioned in para-3 of the application (CMP.M No. 2265 of 2025) are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties, filed alongwith the applications is ordered to be taken on record. The applications stand disposed of. CMP(M) No. 1164/2025 None has put in appearance on behalf of respondent No. 5 despite service, hence she is proceeded against ex parte. ….3…. Having regard to the averments made in the application, which are duly supported by an affidavit of Superintending Engineer, 10th Circle, HPPWD Bilaspur, this Court finds sufficient cause to condone the delay of 128 days’ that has occurred in filing the present appeal. Consequently, the application is allowed and delay of 128 days’ that has occurred in filing the present appeal, is condoned. The application stands disposed of. RFA No. /2026 Appeal be registered. Heard. Admit. Let post admission notice be issued to the respondents returnable within six weeks, on taking steps within three days. List thereafter. In the meantime, let records of the learned Court below be called for. CMPST No. 34408/2025 Application be registered. Heard. Subject to deposit of entire award amount, alongwith up-to-date interest, within a period of six weeks, the operation and execution of impugned ….4…. award/judgment dated 26.09.2024, passed by learned Additional District Judge, Ghumarwin, District Bilaspur, H.P., in Reference Petition No. 5/4 of 2017, titled Rai Singh & Ors. Vs. Land Acquisition Collector & Anr., shall remain stayed during pendency of the main appeal. Alteration, modification or vacation, on motion. The application stands disposed of. ( Sushil Kukreja ) Judge 17th March, 2026 (raman)