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Judgment
Mukul Mudgal, J.
CMA No. 2624/2008
The application is allowed. The legal heirs of deceased appellant Shri Jabar Singh are brought on record.
Let amended memo of parties be filed by the appellant within one week from today.
CMA No. 2623/2008
We have gone through the content of this application and have also considered the judgment of the Division Bench of this Court in CM No. 11473/2007 in RFA No. 745/1995 titled Smt. Prakashwati v. Union of India.
The learned Counsel for the respondent has brought to our notice an order in CM No. 11487/2007 in RFA No. 517/1998 in which the applicant has been deprived of interest for the period w.e.f 07.09.2005 till 31.05.2007. The said order would have applied but for the fact that in that case the application for bringing legal heirs on record was moved late, but in the present case, the application for bringing legal heirs on record had already been allowed and the applicants had been brought on record in the execution proceedings.
In this view of the above, we are satisfied that the operative part of the judgment in Prakashwati''s fully covers the present case and interest would be payable as ordered in Prakashwati''s case.
Accordingly, the application is disposed of but with no orders as to costs.