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2023 DAILYLAW 682 (HP)

DIVISIONAL MANAGER HP STATE FOREST DEVELOPMENT CORPORATION LTD v. LEELA DEVI AND OTHERS

CMPMO/646/2023 · 2026-02-23

Romesh Verma

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 646 of 2023 Date of decision : 23.02.2026. Divisional Manager, H.P.State Forest Development Corporation Ltd. ...Petitioner. Versus Leela Devi & Ors. ...Respondents. Coram: The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioner : Ms. Kiran Dhiman, Advocate. For the respondents : - ______________________________________________________________ Romesh Verma, Judge (oral) By way of this petition filed under the provisions of Article 227 of the Constitution of India, the petitioner has challenged the order as passed by the learned District Judge, Mandi,in Execution Petition No. 07 of 2022, titled as Divisional Manager, H.P. State Forest Corporation vs. Leela Devi and others, dated 04.05.2022 whereby the petition filed by the Decree Holder has been dismissed by the learned Executing Court by assigning the following reasons: “04.05.2022 Present: Sh. Lokesh Kapoor Advocate, for the applicant. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- ( 2026:HHC:3729 ) Objections have not been removed, hence, the petition is rejected. File after needful, be consigned to the record room.” 2. Having heard learned counsel for the parties, and having perused the impugned order as well as the other documents appended with the petition, this Court is of the considered view that non removal of the objections could have been taken care of by the learned Executing Court by imposing some cost upon the petitioner, but rejection of the execution petition on said count is a bit harsh. This is for the reason that the decree holder in fact has lost an opportunity to execute the order as passed in its favour. 3. Accordingly this petition is allowed and the impugned order dated 04.05.2022 is set-aside and petition is ordered to be restored to its original number. The objection(s), if any, shall positively be removed by the petitioner within a period of two weeks from the date learned Executing Court grants time. Thereafter learned executing Court shall proceed to adjudicate the execution petition as per law. -3- ( 2026:HHC:3729 ) 4. It is made clear that this Court has not expressed any opinion on the merit of the execution petition. The parties are directed to appear before the learned Executing Court on 11.03.2026. 5. The petition is disposed of in above terms, so also the pending application(s), if any. (Romesh Verma) February 23, 2026 Judge (Veena)