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2026 DAILYLAW 24025 (HP)

SEWA DASSI AND ORS v. KIRNA DEVI AND ANR

CMP.M/1275/2026 · 2026-09-23

Sushil Kukreja

body2026

Judgment text

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Sewa Dassi & ors. Vs. Kirna Devi & anr. CMP(M) No.2276 of 2025 23.09.2026 Present: Mr. Daleep Singh Kaith, Advocate, for the applicants/appellants. Ms. Mamta Bhatwan, Advocate, for respondent No.1. Ms. Raksha Thakur, Advocate, vice Mr. Jagdish Thakur, Advocate, for respondent No.2. CMP(M) No.1274 & 1275 of 2026 The present applications under Order 22, Rule 3, read with Section 151 of Code of Civil Procedure (CPC) and Section 5 of the Limitation Act have been filed to place on record the death certificate as well as Legal Heirs Certificate of appellant No.4- Devi Singh, after condonation of delay. 2. As per the applicants, appellant No.4-Devi Singh had expired on 29.05.2026 during pendency of the appeal and left behind his legal heirs, as mentioned in para-3 of the application [CMP(M) No.1274 of 2026], who are already on record as appellants No.1 to 3. The applications are duly supported with the affidavits of applicant/appellant No.1-Sewa Dassi as well as copies of death certificate and the legal heirs certificate of deceased appellant No.4 (Annexures A-1 & A-2). 3. No reply(ies) is/are 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 death certificate and legal heir certificate of deceased appellant No.4-Devi Singh, annexed with the application [CMP(M) No.1274 of 2026] as Annexures A-1 & A-2, are ordered to be taken on record. 5. The applications stand disposed of. CMP(M) No.2276 of 2026 6. Reply on behalf of respondent No.2 filed. Learned counsel for respondents No.1 states that she will adopt the reply filed on behalf of respondent No.2. 7. Learned counsel for the applicants/appellants prays for and is granted two weeks’ time to file amended memo of parties. List thereafter. Rejoinder, as prayed for, be also filed in the meanwhile. ( Sushil Kukreja ) Judge September 23, 2026 (V.Himalvi)