IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA ON THE 10th DAY OF SEPTEMBER, 2021 BEFORE HON'BLE MR. JUSTICE SURESHWAR THAKUR REGULAR FIRST APPEAL. 232 OF 2006. Between:- COLLECTOR, LAND ACQUISITION, NATIONAL HYDRO ELECTRIC POWER CORPORATION, PARBATI HYDRO ELECTRIC PROJECT AT LARJEE SUB-TEHSIL SAINJ, DISTRICT KULLU, H.P. …..APPELLANT (MS. SHREYA CHAUHAN, Advocate) AND 1. SHER SINGH, SON OF SHRI RATTANU, (SINCE DECEASED THROUGH HIS LR'S) a) SH. GIRDHARI LAL SONOF LATE SH. SHER SINGH, b) SHRI NARINDER KUMAR SON OF LATE SH. SHER SINGH, c) SH. PAVITAR SINGH SON OFLATE SH. SHER SINGH, c) SH. PYARE LAL SON OF LATE SH. SHER SINGH, ALL RESIDENT OF VILLAGE BARSHAINI, PHATTI, MANIKARAN, KOTHI, KANAWAR, TEHSIL AND DISTRICT KULLU, H.P. ….RESPONDENTS. (BY. MR. SANJEEV KUTHIALA, SR. ADVOCATE WITH MS. GARIMA KUTHIALA AND MS. ANAIDA KUTHIALA, ADVOCATES). 2. COLLECTOR LAND ACQUISITION, SDO (CIVIL) KULLU SUB DIVISION, DISTRICT KULLU, H.P. 3. COLLECTOR KULLU, DISTRICT KULLU, H.P. ...PROFORMA RESPONDENTS. (MR. HEMANT VAID, ADD. A.G.) This Regular First Appeal coming on for order this day, the Court passed the following:- O R D E R C.M.P. (M) No. 648 of 2021. …2… The demise of one Sher Singh is averred to occur on 28.06.2007, hence during the pendency of RFA No. 232 of 2006, inasmuch as it becoming dismissed as withdrawn on 24.04.2008. However, the extant motion though was preferrable during the pendency of the afore RFA, yet did not come to be preferred at the afore stage. Nonetheless, since the demise of one Sher Singh occurred during the pendency of RFA (supra), and when the orders for its being dismissed as withdrawn became rendered on 24.04.2008. Consequently, the orders made upon the afore RFA on 24.04.2008, inasmuch, it being ordered to be dismissed as withdrawn, become nonest, and, are recalled. Heard. When for ensuring the completion of proceedings, and also for ensuring that the interest of one Sher Singh, in the compensation, is bestowed upon his legal heirs as detailed in paragraph No.6 of CMP(M) No. 648 of 2021. Therefore, the substitution of the deceased co-respondent No.1, one Sher Singh by his legal representatives is imperative. Consequently, the instant application is allowed. In sequel, the …3… legal representatives of deceased co-respondent No.1, one Sher Singh as mentioned in paragraph No.6 of the extant application are ordered to be substituted as co-respondents in place of deceased co-respondent No.1 Sher Singh. The Registry is also directed to carry corrections in the record concerned. The application stands disposed of. RFA No. 232 of 2006 The learned counsel appearing for the appellant seeks permission of this Court to withdraw the extant appeal. Permission granted. Accordingly, the extant regular first appeal is dismissed as withdrawn. All pending applications also stand disposed of. CMP No. 7132 of 2021. Heard. Subject to ascertaining the entitlement of the applicants, in all respects, inclusive of the fact of theirs having attained majority, at this stage, hence, the amount falling to the shares of the applicants, be released in their favour, by remission in their Savings Bank accounts against proper receipt …4… and identification. The particulars of the savings bank account, if not already furnished, be furnished within a period of one week. The application stands disposed of. All other pending applications also stand disposed of. (Sureshwar Thakur) Judge 10th September, 2021. (jai) …5…