1. Late Rai Bahadur Pandit Sunder Lal Pathak, owned properties at many places including Solan. He had two daughters, namely, Vidyawati Pathak and Rajeshwari Rani Pathak. It appears that Rejeshwari Rani Pathak died unmarried and issueless on 3-12-1983. Her sister Vidyawati was married to Jagat Dhar Sharma Guleri. She had three sons, namely, Sharangdhar Pathak predecessor-in-interest of non-applicants 3(a) to 3(e), Shrikar Pathak and applicant Shridhar Sharma Guleri. Sharangdhar was adopted by his maternal grand-father Rai Bahadur Pt. Sunder Lal Pathak. Shridhar Sharma Guleri died on 22-2-1974. Vidyawati sister of Rajeshwari Rani Pathak had pre-deceased her and expired on 1-1-1974.

2. Smt. Rajeshwari Rani Pathak inherited some land from her father which was acquired by the State of H. P. for setting up of H. P. Agriculture University (Agriculture Complex) at Nauni later known as Dr. Y. S. Parmar University (Agriculture and Forestry), Nauni, Solan and compensation was awarded to her by the Land Acquisition Collector. Aggrieved by the said award, Smt. Rajeshwari Rani Pathak filed a land reference petition No. 45-S/2 of 1980 on 15-5-1980. During the pendency of this land reference petition, Smt. Rajeshwari Rani Pathak, expired on 3-12-1983. Shri Sharang Dhar Pathak was impleaded as the legal representative in the reference proceedings vide order dated 23-6-1984. Against the final award dated 20-2-1991, the State of H. P. had filed various appeals. RFA No. 58 of 2002 was filed in respect of the land of Smt. Rajeshwari Rani Pathak. During the course of appeal it was transpired that in fact Shri Sharangdhar Pathak had died on 12-9-1991.

3. With the consent of the parties, Smt. Annapurna Pathak widow, Karunakar Pathak, Madhukar Pathak, smt. Ajita Sharma and Smt. Aparna Manjrekar, sons and daughters, were brought on record as legal heirs of the deceased Sharangdhar Pathak.

4. On 5-7-1993, Dr. S. K. Sharma the present applicant filed an application under Order 22 read with Order 1 CPC in which he alleged that his Aunt (Mausi) Smt. Rajeshwari Rani Pathak had executed a Will dated 11-11-1974 whereby she had bequeathed the rights in respect of the land which was the subject-matter of acquisition in his favour and in favour of late Sharang dhar Pathak in equal shares. He, therefore, claimed that he should also be impleaded as legal heir. The appeal filed by the State was dismissed on 7-7-1994 on the representation of counsel appearing for all the parties that the decision in RFA No. 81/91 State of H. P. v. Devi Chand would govern this appeal also. As far as CMP No. 356 of 1993 filed by the present applicant for being impleaded as legal heir is concerned, the Court passed the following order on 7-7-1994 :- "CMP (M) No. 356 of 1993:- It is seen that by an order dated 3-8-1993, passed in CMP (M) No. 341 of 1993, five persons have already been impleaded as legal representatives of deceased first respondent Shri Sharangdhar. However, in this application, Dr. S. K. Sharma has prayed that he should also be brought on record as the legal representative of Rajeshwari Rani Pathak. The application has been filed under Order 22, Rules 3, 4 and 10 and also under Order 1, Rule 10 IPC. It is also represented that certain probate proceedings are pending in relation to the Will of Rajeshwari Rani Pathak, under which some rights had been put forward by Dr. S. K. Sharma. Considering these facts, though Dr. S. K. Sharma may not be entitled to be impleaded as a legal representative at this stage, yet, in order to protect his rights, his presence would be necessary and he is therefore, impleaded as such."

5. The present applicant filed an application being CMP No. 78 of 1995, praying that the entire awarded amount which had been deposited in this Court be released in his favour. On this application, this Court was pleased to pass the following order on 22-6-1995 :- "CMP 78/95 Heard.In view of the dispute between the alleged legal heirs of sole respondent-claiman