Lac and Another Vs Sunpa Devi (Since Deceased through LRs Kula Nand and Anr) and Others — Himachal Pradesh HC (2026) — LawSathi Research

Lac and Another Vs Sunpa Devi (Since Deceased through LRs Kula Nand and Anr) and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Impleadment of Sh. Pradeep Kumar as party respondent No.16(e) allowed (CMP No. 22335 of 2025); calculation accepted and refund of Rs.4,62,364/- each directed against respondents No.16(a) to 16(d) so that Pradeep Kumar receives Rs.18,49,456/- (CMP No. 6767 of 2026); respondents 16(b)-(d) reported to have already paid; respondent 16(a) to pay the balance within two days, failing which to appear in Court on 16.04.2026.

Issue for consideration

Whether applicant Sh. Pradeep Kumar should be impleaded as party respondent No.16(e) in RFA No.188 of 2019. +1 more

Court's answer

CMP No. 22335 of 2025 is allowed: applicant Sh. Pradeep Kumar is ordered to be impleaded as party respondent No.16(e); the Registry is to carry out necessary correction in the memo of parties on the basis of the amended memo annexed with the application; no notice is required since the respondent is already represented by Ms. Suchitra Sen, Advocate.

Ratio / Principle

CMP No. 6767 of 2026 is disposed of with the calculation placed on record: non-applicants/respondents No.16(a) to 16(d) are required to refund Rs.4,62,364/- each so that the share of applicant Pradeep Kumar, i.e., Rs.18,49,456/-, is also paid to him.

Key takeaways

Respondent No.16(a) is to deposit/pay the outstanding Rs.4,62,364/- to applicant Pradeep Kumar within two days of his account number being furnished by his counsel, failing which respondent No.16(a) shall remain present in Court on the next date of hearing; the matter is listed for 16.04.2026.ratio¶20

Detailed headnote1 paragraphs

Miscellaneous applications in RFA No.188 of 2019 ('LAC and another vs. Sunpa Devi(since deceased) through LRs Kula Nand and others'), decided 08.04.2026 by Sandeep Sharma, Judge: (i) CMP No. 22335 of 2025 allowed — Sh. Pradeep Kumar ordered to be impleaded as party respondent No.16(e), Registry to amend the memo of parties, no notice required as he is already represented by Ms. Suchitra Sen, Advocate; (ii) CMP No. 6767 of 2026 disposed of — calculation placed on record pursuant to order dated 11.03.2026 shows Rs.92,47,280/- deposited by the non-applicants/appellants was distributed to respondents No.16(a) to 16(d) at Rs.23,11,820/- each instead of Rs.18,49,456/- each (the sum being divisible among five LRs of deceased Nand Ram), requiring refund of Rs.4,62,364/- each; respondents 16(b)-(d) reported to have paid their refunds, while respondent 16(a) is to deposit the balance Rs.4,62,364/- within two days of account details being furnished, failing which to appear in Court on the next date; matter listed for 16.04.2026.

LAC and another vs. Sunpa Devi(since deceased) through LRs Kula Nand and others

CMP No. 22335 of 2025 in RFA No.188 of 2019

08.04.2026 Present

Ms. Suchitra Sen, Legal Aid Counsel, for the applicant.

Mr. Hamender Singh Chandel, Advocate, for the non-applicants/ appellants No.1 and 2.

Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General, for non-applicants/respondents No.81 & 82.

Ms. Shashi Kiran, Advocate, for respondent No.16 (a).

Ms. Kusum Chaudhary, Advocate, for respondent Nos.16 (b) to 16(d).

CMP No. 22336 of 2025

By way of instant application, prayer has been made on behalf of applicant, namely Sh. Pradeep Kumar, for his impleadment as party respondent No.16 (e). No reply is intended to be filed on behalf of the non-applicants/respondents and non-applicants/appellants to the application.

For the reasons stated in the application, the same is allowed and applicant Sh. Pradeep Kumar, is ordered to be impleaded as party respondent No.16(e). Registry to carry out necessary correction in the memo of the parties on the basis of the amended memo annexed with the application.

Since aforesaid respondent is already represented by Ms. Suchitra Sen, Advocate, there is no requirement to issue notice to him. The application stands disposed of.

CMP No. 6767 of 2026

By way of instant application, permission has been sought by the applicant, namely Sh. Pradeep Kumar to place on record calculation in terms of order dated 11.03.2026, perusal whereof reveals that sum of Rs.92,47,280/- was deposited by the non-applicants/appellants and non-applicants/respondents No.16(a) to 16(d) received sum of Rs.23,11,820/- each, but since afore sum of Rs. 92,47,280/- was to be divided between five LRs of deceased Nand Ram, non-applicants/respondents No.16(a) to 16(d) ought to have received sum of Rs. 18,49, 456/- instead of Rs. 23,11,820/- each.

As per calculation, non-applicants/respondents No.16(a) to 16(d) are required to refund sum of Rs. 4, 62, 364/each, so that amount falling in the share of applicant Pradeep Kumar to the tune of Rs. 18, 49, 456/- is also paid to him. The calculation is on record. The application stands disposed of.

CMP No. 22335 of 2025

Pursuant to order dated 11.03.2026, nonapplicants/respondents No.16 (b) to 16(d) as well as applicant Pradeep Kumar have come present. Learned counsel representing non-applicants/respondents No. 16(b) to 16(d), on instructions of non-applicants/respondents No. 16(b) to 16(d), who are present in Court, stated that aforesaid respondents have already paid sum of Rs. 4, 62, 364/- each to Sh. Pradeep Kumar, applicant/respondent No.16(e) and as of today, sum of

Rs. 4, 62, 364/- is yet to be paid by non-applicant/respondent No.16(a), who is represented by Ms. Shashi Kiran, Advocate.

Ms. Shashi Kiran, Advocate states that on account of personal difficulty, non-applicant/respondent No.16(a) has not been able to come present, but sum of Rs. 4, 62, 364/- shall be deposited/paid to the applicant Pradeep Kumar within a period of 2-3 days.

Learned counsel represent the applicant Pradeep Kumar undertakes to make available account number of the applicant to Ms. Shashi Kiran, Advocate, enabling her to deposit sum of Rs. 4, 62, 364/- within two days, failing which, afore non-applicant/respondent No.16(a) shall remain present in Court on the next date of hearing.

List on 16.04.2026.

(Sandeep Sharma) Judge

April 08, 2026 (shankar)