Kalawati vs . Ramesh And Others
2025 Latest Caselaw 263 HP

Himachal Pradesh High Court

Kalawati vs . Ramesh And Others on 1 May, 2025

Author: Vivek Singh Thakur

Bench: Vivek Singh Thakur

Kalawati vs. Ramesh and others CMP(M) No. 896 of 2019

01.05.2025 Present: Mr.V.S. Chauhan, Senior Advocate, alongwith Mr.Arsh Chauhan, Advocate, for the applicant-appellant.

Mr.Sudhir Thakur, Senior Advocate, alongwith Mr.Somesh Sharma, Advocate, for non- applicants/respondents No.1, 4, 7 and 8.

Respondents No.2, 9, 10 and 11 are ex parte vide orders dated 03.08.2021 and 27.08.2021.

Respondent No.3 is stated to have expired.

Respondent No.4 is ex parte vide order dated 05.10.2023.

Appeal stands dismissed qua respondent No.5 for non prosecution vide order dated 20.10.2023.

CMP(M) Nos.1696 and 1697 of 2022

These applications have been filed for substitution

of respondent No.3-Mohan Lal through his legal heirs

mentioned in para-2 of CMP(M) No.1696 of 2022. Proposed

respondents are duly served, but they have not chosen to

contest these applications.

These applications were filed in the year 2022.

Replies on behalf of contesting respondents have not been

filed. Alongwith CMP(M) No.1696 of 2022, copy of death

certificate of deceased Mohan Lal has been placed on record

indicating that he has expired on 21.10.2011.

It has further been stated that there is no other

legal heir of deceased respondent No.3 except the legal heirs

proposed to be brought on record by filing these applications. In aforesaid facts and circumstances, for

continuing with the appeal, subject to all just and legal

exceptions, legal heirs of deceased Mohan Lal, mentioned in

para2 of CMP(M) No.1696 of 2022, are permitted to be

brought on record as respondents No.3(a) to 3(c) respectively,

after condonation of delay and setting aside abatement, if

any.

Applications are allowed and disposed of in

aforesaid terms.

This application has been filed, seeking leave to

appeal on behalf of legal representative Kalawati daughter of

deceased Geeta Devi. It has been stated that impugned

judgment and decree was passed by District Judge on

31.05.2018 and in the said appeal Geeta Devi was appellant.

However, she could not file appeal within time, rather before

filing appeal she has expired on 05.02.2018. It has further

been stated that Geeta Devi has three daughters and one son,

but she has executed a Will in favour of her daughter

Kalawati. Copy of Will has been placed on record as Annexure

A-1 alongwith death certificate of Geeta Devi as Annexure A-2.

Without adjudicating the rights of legal heirs of

Geeta Devi inter se them, subject to all just and legal

exceptions, in aforesaid facts and circumstances, leave to

appeal is granted to Kalawati to prefer appeal alongwith

application under Section 5 of the Limitation Act for

condonation of delay, but allowing this application does not

mean that delay in filing the appeal has been condoned. The said issue shall be decided in CMP(M) No.896 of 2019

independently.

Application is allowed and disposed of in aforesaid

terms.

Steps for service of newly added respondents

No.3(a) to 3(c) and 6(a) to 6(c) be taken within two days. On

taking such steps, notice, returnable on next date of hearing,

be issued to the said respondents.

List on 18.06.2025 in terms of order dated

20.10.2023.

(Vivek Singh Thakur) Judge

May 1, 2025 (Purohit)