IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA th ON THE 13 DAY OF JULY, 2022 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR REGULAR SECOND APPEAL NO. 328 OF 2019 Between:-

1. BALWANT SINGH, 2. CHAIN SINGH SONS OF LATE SHRI VED PRAKASH SON OF SHRI MANSA RAM, 3. MOHAN LAL SON OF SHRI SHIV RAM, ALL ARE RESIDENTS OF VILLAGE NANDAL, PARGNA KUINTAN-I, TEHSIL AND DISTRICT SOLAN, H.P. …APPELLANTS (BY MR.P .S. GOVERDHAN, ADVOCATE.)

AND

1 SHRI RAMESH CHAND (DECEASED)

THROUGH LRS)

(i) SMT. RENU DAUGHTER OF SHRI RAMESH CHAND WIFE OF BACHU, RESIDENT OF FALAI, POST OFFICE DAMKARI, TEHSIL AND DISTRICT SOLAN, H.P.

(ii) SMT. HEM LATA DAUGHTER OF LATE SHRI RAMESH CHAND, (iii) BHUPINDER SON OF LATE SHRI RAMESH CHAND, BOTH RESIDENTS OF VILLAGE NANDAL, POST OFFICE OACHHGHAT, TEHSIL AND DISTRICT SOLAN, H.P.

2. BASANT SINGH SON OF SHRI ROSHANIA SON OF SHRI CHAUNKU, 3. SHARDA DAUGHTER OF SHRI ROSHNIA SON OF SHRI CHAUNKU, 4. NEK RAM SON OF SHRI CHAUNKU (DECEASED THROUGH LRS)

(i) SHRI DEV DUTT SON OF LATE SHRI NEK RAM, (ii) SHRI DHANI RAM SON OF LATE SHRI NEK RAM, BOTH RESIDENTS OF VILLAGE NANDAL, TEHSIL AND DISTRICT SOLAN, H.P.

5. THOLU SON OF SHRI CHAUNKU, 6. SMT. TARA DEVI DAUGHTER OF SHRI NEK RAM, 7. SHRI LACHHMI NAND ALIAS LACHHMI DASS SON OF SHRI SHUNKU, RESIDENT OF VILLAGE DHARALA, PARGANA KUINTAN-II TEHSIL AND DISTRICT SOLAN, H.P.

ALL RESIDENT OF VILLAGE NANDAL, PARGANA KUINTAN-I TEHSIL AND DISTRICT SOLAN, H.P. …RESPONDENTS

8. JIA LAL, S/O ANOKHI RAM

9. CHAIN SINGH, S/O ANOKHI RAM

10. SURESH CHAND, S/O ANOKHI RAM

11 TARA CHAND, S/O SH. ANOKHI RAM, 12. SMT.BATU WIFE OF SHRI ANOKHI RAM, (DELETED).

13. SMT. SHANTA DAUGHTER OF LATE SHRI ANOKHI RAM, 14. BHAGIRATHI DAUGHTER OF LATE SHRI ANOKHI RAM, 15. SMT. BIMLA DAUGHTER OF LATE SHRI ANOKHI RAM, 16. SH. JASVINDER SINGH SON OF SHRI ISHWAR SINGH, 17. BAL KRISHAN SON OF SHRI DAULAT RAM (DECEASED THROUGH LRS)

(i) SMT. RATTNI DEVI WIDOW OF LATE SHRI BAL KRISHAN, (ii) SHRI MADAN SINGH SON OF LATE SHRI BAL KRISHAN, (iii) SHRI LAL SINGH SON OF LATE SHRI BAL KRISHAN, (iv) SHRI HARI MOHAN SON OF LATE SHRI BAL KRISHAN, ALL RESIDENTS OF VILLAGE AND POST OFFICE KABA KALAN, TEHSIL AND DISTRICT SOLAN, H.P.

18. MADHOG ALIAS MUKESH KUMAR SON OF SHRI SUBA, 19. BALDEV SINGH SON OF SHRI VED PRAKASH, 20. RAJINDER SINGH SON OF SHRI BALWANT SINGH, ALL ARE RESIDENTS OF VILLAGE NANDAL, PARGANA KUINTAN-I, POST OFFICE OACHGHAT, TEHSIL AND DISTRICT SOLAN, H.P. …PROFORMA RESPONDENTS (BY SH.KARUN NEGI, ADVOCATE, FOR RESPONDENTS NO. 1 TO 7)

(RESPONDENT NO. 12 DELETED VIDE ORDER DATED 19.4.2022 AND HER LRS ARE ALREADY ON RECORD AS RESPONDENTS NO. 8 TO 11 AND 13 TO 15.)

(NONE FOR RESPONDENT NO. 19).

(RESPONDENTS NO. 8 TO 11, 15, 16, 17 (I)

TO 17(III), 18 AND 20 EX PARTE).

(NONE FOR PROPOSED LEGAL REPRESENTATIVES NO. 17(IV-a), 17(IV-b), 17(IV-d), 17(IV-e)

AND RESPONDENTS NO. 13 AND 14).

(RESPONDENTS NO. 17(IV) IS STATED TO HAVE DIED).

Whether approved for reporting?

This petition coming on for orders this day, the Court passed the following:

O R D E R

During service of respondents, it was reported by Process Serving Agency that respondent No. 17(iv) Hari Mohan has expired. On further inquiry, it was found that he has expired on 17.1.2017, during pendency of Civil Appeal before Additional District Judge-II, Solan, which was filed on 31.5.2014 and decided on 30.3.2019.

2. Bal Krishan, respondent No. 17 in Civil Appeal filed before Additional District Judge, had expired after passing of judgment in the Civil Suit and during his service in the said Civil Appeal, his death came in knowledge and accordingly his legal heirs were brought on record. In Civil Suit Bal Krishan was proceeded ex parte, but in appeal his successors-in-

interest engaged an Advocaute and contested the appeal.

3. Respondent No. 12 Batu also expired, on 7.8.2017, during pendency of Civil Appeal before First Appellate Court. Her Legal Heirs are already on record as respondents No. 8 to 11 and 13 to 14, and her name standsh deleted in the record of present appeal vide order dated 19.4.2022, passed