Hpseb & Anr. vs . Harish Chander & Ors.
2023 Latest Caselaw 5217 HP

HPSEB & Anr. Vs. Harish Chander & Ors.

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RFA No. 233/2012

08.05.2023 Present: Mr. Aman Kumar, Advocate vice Mr. T.S. Chauhan, Advocate, for the non-applicants/appellants

Mr. H.S. Rangra, Advocate, for the applicants/respondents.

CMP No.4930/2023

Respondent No.2 (Lalit Kumar Hazari) is stated to have

died on 29.06.2015. Death certificate, in this regard, has been

appended alongwith the application as Annexure A-1.

This application, under Order 1 Rule 10 read with

Section 151 CPC, has been moved by the legal heirs of late

Sh. Lalit Kumar Hazari. The legal heirs are wife (Resham

Hazari) and son (Shivam Hazari). Learned vice counsel for

the non-applicants/appellants has no objection in allowing the

prayer made in the application. No reply is intended to be filed

by the non-applicants/appellants. Accordingly in view of the

submissions made by learned counsel for the parties and the

averments made in the application, the same is allowed.

Legal heirs viz. Smt. Resham Hazari and Sh. Shivam Hazari

are ordered to be impleaded as respondents No.2(a) and 2(b)

in place of respondent No.2-Sh. Lalit Kumar Hazari in the

array of parties. Amended memo of parties stands filed.

Registry to carry out necessary corrections. The application to

stand disposed of.

CMPMO No.4931/2023

By means of this application, which is duly supported

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with the affidavits, respondents No.2(a) and 2(b) viz. Smt.

Resham Hazari and Sh. Shivam Hazari, respectively, have

prayed for release of the share of original respondent No.2-

Sh. Lalit Kumar Hazari alongwith up-to-date interest. The

main matter was disposed of on 13.08.2021. It is not in

dispute that the said judgment has attained finality. Learned

vice counsel for the non-applicants/appellants has no

objection for allowing the prayer made in the application. No

reply is intended to be filed by the non-applicants-appellants.

Accordingly, the application is allowed. Share of the said

original respondent No.2, is ordered to be released in equal

shares, alongwith up-to-date interest, in favour of

respondents No.2(a) and 2(b), in terms of judgment dated

13.08.2021, by remitting the same in their bank accounts,

particulars whereof are appended alongwith the application.

The application to stand disposed of.

Jyotsna Rewal Dua Judge 8th May, 2023(Rohit)