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State of HP v. Jai Gopal

Disposed Off
Court
High Court of Himachal Pradesh
Decided
23 September 2026
Bench
Sushil Kukrejaauthor
Case no.
CMP 9327/2026

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Judgment

Pr. Secy (PWD) & ors. Vs. Jai Gopal & ors. CMPs No.9327 to 9335 & 8937 to 9349 of 2026 in RFA No.307 of 2012

23.09.2026 Present: Mr. Manoj Chauhan, Additional Advocate General, for the non-applicants/appellants. Ms. Kalpana Sharma, Advocate, vice Ms.Anubhuti Sharma, Advocate, for the applicants/respondents. CMP No.9327/ 2026

The present application under Order 1, Rule 10, read with Section 151 CPC has been filed by the applicants/respondents for bringing on record the legal heirs of deceased respondent No.2-Tek Chand. As per the applicants, respondent No.2 had expired on 08.11.2021 and has left behind his legal heirs as mentioned in para-5 of the application. The application is duly supported with the affidavit of one of the LRs, namely Yadvinder as well as copies of death certificate and legal heirs certificate of deceased respondent No.2 (Annexures A-1 & A-2).

¶2No reply is intended to be filed to the present application.

¶3Heard. Having regard to the averments made in the application, the same is allowed and the legal heirs of deceased respondent No.2, as mentioned in para-5 of the application, are ordered to be impleaded/ brought on record, after setting aside the abatement, if any. Amended memo of parties, annexed with the application, is ordered to be taken on record.

¶4The application stands disposed of. CMP No.9328/ 2026

¶5The present application under Order 1, Rule 10, read with Section 151 of CPC has been filed by the applicants/respondents for bringing on record the legal heirs of deceased respondent No.8-Prem Chand. As per the applicants, respondent No.8 had expired on 27.09.2022 and has left behind his legal heirs as mentioned in para-5 of the application. The application is duly supported with the affidavit of one of the LRs, namely Pradeep Kumar as well as copies of death certificate and legal heirs certificate of deceased respondent No.8 (Annexures A-1 & A-2).

¶6No reply is intended to be filed to the present application.

¶7Heard. Having regard to the averments made in the application, the same is allowed and the legal heirs of deceased respondent No.8 as mentioned in para-5 of the application, are ordered to be impleaded/ brought on record, after setting aside the abatement, if any.

¶8The application stands disposed of. CMPs No.9329 to 9335 & 8937 to 9349 of 2026

¶9The instant applications under Section 151 of CPC have been filed on behalf of applicants/respondents No.1, 2(a), 2(b), 2(c), 2(d), 2(e) 2(f), 3(a), 3(b), 3(c), 3(d), 4, 5, 6, 7, 8(a), 8(b), 8(c), 8(d) and 9, for release of the awarded amount of compensation.

¶10As per the applicants, since the judgment dated 29.08.2022, passed by this Court has attained finality, therefore, the awarded amount of compensation alongwith up-to-date interest, which is lying deposited in the Registry of this Court, may be ordered to be released in their favour, as per their respective shares. The applications are duly supported with affidavits of the respective applicants.

¶11Learned Additional Advocate General has submitted that he has no objection in case the instant applications are allowed as the judgment dated 29.08.2022, passed by this Court has attained finality.

¶12Heard. Having perused the averments made in the applications, which are duly supported with the affidavits of the applicants, this Court finds it in the interest of justice to release the awarded amount of compensation, alongwith up-to-date interest in favour of applicants-respondents No.1, 2(a), 2(b), 2(c), 2(d), 2(e) 2(f), 3(a), 3(b), 3(c), 3(d), 4, 5, 6, 7, 8(a), 8(b), 8(c), 8(d) and 9, as per their respective shares in the total awarded amount of compensation, which is lying deposited in the Registry of this Court, after proper verification and identification by remitting the same to their respective bank accounts, details whereof have been given in their respective applications. The application stands disposed of.

( Sushil Kukreja )

Judge September 23, 2026 (V.Himalvi)

Source: High Court of Himachal Pradesh, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.