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2025 DAILYLAW 30891 (HP)

Dinesh v. Mohan Lal

RSA/117/2016 · 2025-08-05

Satyen Vaidya

body2025

Judgment text

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Dinesh & others vs. Mohan Lal & others CO No. 81 of 2016 in RSA No. 117 of 2016 14.10.2025 Present: Mr. Anirudh Sharma, Advocate, for respondents No. 5, 7 and 8/cross-objectors. CMP(M) No. 1361 & 1362 of 2025 The proposed legal representatives of deceased appellant No.2 have been served but none has appeared on their behalf, hence proceeded against ex-parte. Since there is no opposition to the applications, which are duly supported by the affidavits, the delay in filing the application for bringing on record the legal representatives of deceased appellant No.2 is condoned and the proposed legal representatives, as detailed in para-3 of the application CMP(M) No. 1361 of 2025 are ordered to be brought on record as appellants No. 2 (a) to 2 (c). The applications stand disposed of. CMP(M) Nos. 1363 & 1364 of 2025 All proposed legal representatives of appellant No.8 except A8(b) have been served, but none has appeared on their behalf, hence proceeded against ex-parte. Proposed legal representative A8 (b) is stated to have been died. Learned counsel for the cross-objectors seeks time to take steps for substitution of deceased proposed legal representative A8 (b), if required. Cross-Objections No. 81 of 2016 Issue notice to the newly added appellants No. 2 (a) to 2 (c), returnable on 3.12.2025, on steps being taken within one week. List on 3.12.2025. Steps for substitution of proposed legal representatives of A8(b) also be taken on or before the next date. CMP Nos. 22039 & 22040 of 2025 By way of this application, a prayer has been made to recall the order dated 26.8.2025, passed in CMP(M) Nos. 1366 & 1367 of 2025, whereby the legal representatives of deceased respondent/cross- objector No.4 were ordered to be brought on record as respondents No. 4 (a) to 4 (c). It is averred in the application that earlier applications being CMP(M) Nos. 1366 & 1367 were filed under mistaken belief, as the legal representatives of deceased respondent No.4 were already been on record as respondents/cross-objectors No. 5, 7 and 8. The application is allowed. Order dated 26.8.2025, passed in CMP(M) Nos. 1366 & 1367 of 2025 is recalled. The name of respondent No.4 is ordered to be deleted from the array of the respondents. The applications stand disposed of. CMP No. 22041 of 2025 Allowed and disposed of. (Satyen Vaidya) Judge 14th October, 2025 (kck)