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High Court of Himachal Pradesh · body

2025 DAILYLAW 30906 (HP)

Collector Land Acquisition v. Kadshi Ram and Others

CMP.M/1263/2025 · 2025-10-28

Sushil Kukreja

body2025

Judgment text

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Collector Land Acquisition Vs. Kadshi Ram & ors. RFA No.412 of 2019 28.10.2025 Present: Ms. Shreya Chauhan, Advocate, for the appellant. Ms. Manjit Kaur, Advocate vice Mr. Naveen K. Bhardwaj, Advocate, for respondents No.1 to 3 and 5. Respondent No.4 is stated to have expired. Mr. Manoj Chauhan, Additional Advocate General, for respondent No.6/State. CMP(M) Nos. 1262 & 1263 of 202 5 The present applications under Order 22, Rules 4 and 9 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed by the applicant-appellant for bringing on record the legal heirs of deceased respondent No.4- Mehar Chand, after condonation of delay and setting aside the abatement. 2. As per the applicant-appellant, respondent No.4 expired on 26.05.2021 and subsequently his mother, Smt. Lal Dassi, had also expired on 11.12.2024. Therefore, in view of the fact that the mother of respondent No.4 has also expired, the legal heirs of deceased respondents No.4, as mentioned in para-5 of the application {CMP(M) No.1262 of 2025} are required to be brought on record. The applications are duly supported by the affidavits of Shri Dev Prakash Sharma, who is working as Assistant Manager (Civil) with the applicant-appellant. 3. No reply is intended to be filed to the applications. 4. Heard. Keeping in view the facts and circumstances of the case, the present applications are allowed and the legal heir of deceased respondent No.4, as mentioned in para-5 of the application {CMP(M) No.1262 of 2025}, are ordered to be brought on record, after setting aside the abatement, if any. Amended memo of parties filed alongwith the application {CMP(M) No.1262 of 2025} is ordered to be taken on record. 5. The applications stand disposed of. RFA No. 412 of 20 19 6. Let notice be issued to issued to the newly added respondents No.4(a) to 4(f), returnable within six weeks, on taking steps within a period of three days. List on 15.12.2025. ( Sushil Kukreja ) Judge October 28, 2025 (V.Himalvi)