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High Court of Himachal Pradesh · body

2025 DAILYLAW 36239 (HP)

LAC v. MOHINDER SINGH AND ORS

CMP/28920/2025 · 2025-12-01

Sushil Kukreja

body2025

Judgment text

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Collector Land Acquisition Vs. Mahinder Singh & ors. CMP Nos.28919 & 28920 of 2025 RFA No.872 of 2012 01.12.2025 Present: Mr. Manoj Chauhan, Additional Advocate General, for the appellant/State. Mr. Parveen Chauhan, Advocate vice Mr. Anuj Gupta, Advocate, for the applicants/respondents. CMP Nos.28919 of 2025 The present applications under Order 22, Rule 10, read with Section 151 of the Code of Civil Procedure (CPC) for bringing on record the legal heirs of deceased respondent No.1- Mahinder Singh. 2. The application is duly supported with an affidavit of one of the applicants, Anjan Kumar and death certificate of the deceased as well as Legal Heirs Certificate. 3. Learned Additional Advocate General states that no reply is intended to be filed to the application and he has no objection in case the same is allowed. 4. Heard. Keeping in view the facts and circumstances of the case and since right to sue survives in favour of the applicants, the application is allowed and legal heirs of deceased respondent No.1- Mahinder Singh, as mentioned in para-3 of the application, are ordered to be brought on record, after setting aside the abatement, if any. 5. The application stands disposed of. CMP Nos.28920 of 2025 6. The present application under Section 151 CPC has been maintained by the applicants/respondents No.1(a) to 1(d), for release of the awarded amount lying deposited in the Registry of this Court. The application is duly supported with affidavits of the applicants. 7. No reply is intended to be filed on behalf of non- applicants/appellants and learned Additional Advocate General 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. 8. Heard. Having perused the averments made in the application which are duly supported with affidavits of the applicants, 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 amount of compensation, along with up-to- date interest, lying deposited in the Registry of this Court in favour of the applicants/respondents No.1(a) to 1(d) in equal proportion, falling in share of deceased respondent No.1, Mahinder Singh, after proper verification and identification, by remitting the same to their bank accounts, details whereof has been given in para-3 of the application. The application stands disposed of. The application stands disposed of. ( Sushil Kukreja ) Judge December 01, 2025 (V.Himalvi)