1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA C.S. No. 38 of 2016 Decided on: 10.8.2026 Satya Devi & ors. … Plaintiffs Versus Uday Ram & ors. …Defendants _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioner: Mr. Karan Singh Kanwar, Senior Advocate, assisted by Mr. Ashok Kumar, Advocate, for the plaintiff. For the Respondents : Mr. Mukesh Thakur, Advocate, for defendant No. 1. Mr. Ajay Kumar, Senior Advocate, assisted by Ms. Vanshika Sharma, Advocate, for defendants No. 2, 4 and 5. Mr. Karan Vir Singh, Advocate vice Mr. Chaman Negi, Advocate, for defendants No. 7(a) to 7(d). Virender Singh, Judge (oral) Report of the Registry perused. However, the same is not satisfactory. The dealing Assistant/ 2 concerned Section Officer is directed to be careful in future. 2. The present suit has been filed by the plaintiffs for declaration and injunction. Relevant paragraph-21 of the Civil Suit is reproduced as under: “That the entire land is assessed to land revenue of Rs. 22.14, however suit is being filed for relief of declaration, injunctions and alternate relief of possession, as such value of the suit for the purpose of m jurisdiction is assessed at Rs. 630/-, Rs. 130/-, Rs. 130/- and Rs. 690/- respectively and court fee of Rs. 98/-, Rs 23/-, Rs. 23/- and Rs. 98/- i.e. Rs. 242/- in total is being affixed. It is, therefore, prayed that decree in favour of the plaintiffs and against the defendants that:- i) The judgment and decree dated 24.7.2006 passed in civil suit No. 39 of 2005 titled as "Sh Uday Ram & Ors. Vs. Sh Shiv obtained Singh" has been misrepresentations and playing fraud by the defendants by making and as such the same is to be treated as nullity and non- est. ii) Consequently the defendants are restrained from claiming any right, title or interest in the land in question on the basis of the judgment and decree in question and further from causing any type of interference, loss or injury and further from doing any such act which may cause any type of prejudice to the possession, rights, title and interest of the plaintiffs over the land in question. iii) In alternate if the Hon'ble Court comes to conclusion that any wrong has been committed by the defendants including effecting encroachments and changing nature in any manner in and over the entire land or portion 3 thereof, in that eventuality the defendants may further be directed to undo the effect of all such wrongs etc. including Registrar handing over of possession of the portion of the land in question encroached upon after restoring original position. iv) After removal of all types of encroachments including in shape of structures and handing over of possession of the area encroached upon, the defendants are restrained from causing any type of loss or injury to the ownership and possession of the plaintiffs over the entire land. Any other relief to which the plaintiffs are is found entitled in the facts and circumstances of the case, the same may very kindly be granted to the plaintiffs, though no specific prayer for the same has been made so as to avoid multiplicity of litigation and to serve ends of justice, the plaintiffs shall pray forever. 3. By virtue of the Notification No. HHC/PJ/93-1- 28469-82, dated 17.10.2022, issued by the High Court of Himachal Pradesh, pecuniary jurisdiction of the Civil Courts has been increased. 4. In view of the averments, made in para-21 of the Civil Suit, which has been reproduced above, the present case is required to be transferred to the Court of learned Civil Judge, Kasauli, District Solan, H.P. Ordered accordingly. 4 5. Parties through their counsel are directed to appear before the learned Civil Judge, Kasauli, District Solan, H.P. on 7.9.2026. 6. The learned Civil Judge, Kasauli, District Solan, H.P. is directed to proceed further, in accordance with law, after securing the presence of the parties. (Virender Singh) 10.8.2026 Judge Kalpana