Himuda & Anr. vs . Amar Singh
2023 Latest Caselaw 16326 HP

HIMUDA & Anr. vs. Amar Singh

.

RFA No. 546 of 2011.

13.10.2023 Present: Mr. Vedhant Ranta, Advocate, vice counsel for

the appellants/non-applicants.

Mr. Abhishek Verma, Advocate, for the applicants/respondents.

CMP(M) No. 1151 and 1152 of 2023.

Applicants have prayed for their impleadment

as respondents in RFA No. 546 of 2011, titled as HIMUDA &

Anr. vs. Amar Singh, decided on 31st July, 2019.

It is averred that during the pendency of RFA

No. 546 of 2011, sole respondent Amar Singh died on

22.10.2015 and factum of his death could not be brought

on record. In result, the appeal was decided vide judgment

dated 31st July, 2019. The applicants claims themselves to

be the legal representatives of deceased respondent Shri

Amar Singh.

There is no opposition to the application. It has

also been stated on behalf of the parties that the judgment

passed by this Court in RFA No. 546 of 2011 had attained

finality.

Accordingly, the application is allowed.

Applicants as detailed in para-3 of CMP(M) No. 1151 of

2023 are impleaded as respondents No.1(a) to 1(f).

Amended memo of parties filed and is taken on record.

The applications stand disposed of.

CMP No. 12358 of 2023.

.

The application is allowed. The amount lying

deposited in the Registry of this Court in RFA No.546 of

2011 is ordered to be released in favour of the applicant in

equal shares along with proportionate interest accrued

thereon by remitting the same to their respective bank

accounts, details of which have been provided in the

application, after due verification. The application stands

disposed of.

(Satyen Vaidya) Judge

13th October, 2023.

(jai)