Lac Vs Mohinder Singh and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

Lac Vs Mohinder Singh and Ors. — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both applications allowed and disposed of: (i) legal heirs of deceased respondent No.1 Mahinder Singh (applicants/respondents No.1(a) to 1(d)) brought on record in RFA No.872 of 2012 with abatement, if any, set aside; (ii) awarded compensation with up-to-date interest lying deposited in the Registry ordered to be released to the applicants in equal proportion falling to the share of the deceased respondent, after proper verification and identification, by remitting the same to their bank accounts.

Issue for consideration

Whether the legal heirs of deceased respondent No.1 Mahinder Singh are to be brought on record in RFA No.872 of 2012 under Order 22 Rule 10 read with Section 151 CPC, with abatement, if any, set aside. +1 more

Court's answer

CMP No.28919 of 2025 allowed: the legal heirs of deceased respondent No.1 Mahinder Singh, as mentioned in para-3 of the application, are brought on record in place of the deceased respondent, with abatement, if any, set aside, since the right to sue survives in favour of the applicants; the State raised no objection.

Ratio / Principle

CMP No.28920 of 2025 allowed: the compensation amount with up-to-date interest lying deposited in the Registry is ordered to be released to applicants/respondents No.1(a) to 1(d) in equal proportion falling to the share of deceased respondent No.1 Mahinder Singh, after proper verification and identification, by remitting the same to their bank accounts, the Court being guided by the finality of the judgment in the appeal and the absence of any objection from the State.

Detailed headnote1 paragraphs

CMP Nos.28919 & 28920 of 2025 in RFA No.872 of 2012 (Collector Land Acquisition v. Mahinder Singh & ors.), decided by Sushil Kukreja, Judge, on 01.12.2025. Applications by the legal heirs of deceased respondent No.1 Mahinder Singh: (i) CMP No.28919 of 2025 under Order 22 Rule 10 read with Section 151 CPC to bring the heirs (applicants/respondents No.1(a) to 1(d)) on record was allowed, abatement, if any, set aside, the right to sue surviving in their favour, with no objection from the State; (ii) CMP No.28920 of 2025 under Section 151 CPC for release of the awarded compensation with up-to-date interest lying deposited in the Registry was allowed, the amount to be released to the applicants in equal proportion falling to the share of the deceased respondent, after proper verification and identification, by remittance to their bank accounts, the judgment in the appeal having attained finality.

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.1Mahinder Singh.

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.

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.

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.

The application stands disposed of.

CMP Nos.28920 of 2025

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.

No reply is intended to be filed on behalf of nonapplicants/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.

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-todate 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.

( Sushil Kukreja ) Judge

December 01, 2025 (V.Himalvi)