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High Court of Himachal Pradesh · body

2025 DAILYLAW 29337 (HP)

LAC v. LAJWANTI

CMP/271/2025 · 2025-01-06

Sushil Kukreja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LAC Vs. Lajwanti (deceased) through her LRs CMPs No. 271 and 272 of 2025 in RFA No. 750 of 2012 06.01.2025 Present: Mr. Jitender Sharma, Additional Advocate General with Mr. Gautam Sood and Ms. Niyati Thakur, Deputy Advocates General for non- applicant/appellant. Mr. Jai Ram Sharma, Advocate for the applicants/respondents. CMP No. 271 of 2025 The present application under Section 151 CPC has been filed on behalf of the applicants for deleting the name of applicant, Lajwanti, who has expired on 14.01.2016 and for impleading Sudesh Kumari and Jeet Kaur as her legal heirs in the present appeal. The application is duly supported with affidavits of the applicants/respondents. copy of death certificate of the deceased as well as copy of Legal Heirs Certificate. No reply is intended to be filed on behalf of the non-applicant/appellant and learned counsel for the non- applicant/appellant has no objection in case the prayer made in the application is allowed. Heard. Having regard to the averments made in the application, which are duly supported with affidavits of the applicants No.1(a) and 1(b), the same is allowed, the name of applicant, Lajwanti, is ordered to be deleted from the array of parties, subject to all just exceptions and names of the applicants, Sudesh Kumari and Jeet Kaur are ordered to be impleaded in her place as respondents No.1(a) and 1(b). The application stands disposed of. CMP No. 272 of 2025 The present application under Section 151 CPC has been maintained by applicants/respondents No.1(a) and 1(b), Sudesh Kumari and Jeet Kaur, for release of award amount alongwith up-to-date interest in their favour, as per their share, as lying deposited in the Registry of this Court. The application is duly supported with the affidavit of the applicants/respondents No.1(a) and 1(b). No reply to the application is intended to be filed on behalf of non-applicant/appellant and learned counsel for non-applicant/appellant has no objection in case the prayer made in the application is allowed, as no appeal has been preferred against the judgment passed by this Court and the same has attained finality. Heard. Having perused the averments made in the application which is duly supported with affidavits of applicants/respondents No.1(a) and 1(b), Sudesh Kumari and Jeet Kaur, coupled with the fact that the judgment passed by this Court has attained finality, this Court finds it in the interest of justice to release the entire amount of compensation, along with up-to-date interest, lying deposited in the Registry of this Court in favour of applicants/respondents No.1(a) and 1(b), Sudesh Kumari and Jeet Kaur, in equal shares qua the share of deceased, Lajwanti, after proper verification and identification, by remitting the same to their bank accounts, details whereof has been given in para-6 of the application. The application stands disposed of. (Sushil Kukreja) January 06, 2025 Judge (Sumit)