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2024 DAILYLAW 477 (HP)

SHILPA AND OTHERS v. MANOJ KUMAR AND OTHERS

CMPMO/91/2024 · 2026-03-09

Romesh Verma

body2024

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 91 of 2024 Date of decision : 09.03.2026. Shilpa Hans & others ...Petitioners. Versus Manoj Kumar & others Respondents. Coram: The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioners : Mr. G.R. Palsra, Advocate For the respondents : Mr. Gurinder Singh, Advocate. - ______________________________________________________________ Romesh Verma, Judge (oral) After hearing for some time, learned counsel for the petitioners on instructions seeks permission to withdraw the application filed by Smt Shilpa Hans, Smt. Renu Hans and Sh. Neerav Hans under the provisions of Order 9 Rule 7 C.P.C read with Section 151 C.P.C for setting aside aforesaid ex-parte order dated 13.08.2019. The learned Counsel submits that after perusing the record it transpired that there are major contradiction in the pleading which goes to the root of the case. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- He submits that he may be permitted to withdraw the instant application filed for setting aside ex-parte order dated 13.08.2019, with liberty to file a fresh application in accordance with law. 2. Consequently, the prayer as made by the learned counsel for the petitioners is accepted. The order which has been passed by the learned trial Court on 05.12.2023, loses its efficacy. It is ordered that in case, the present petitioners file fresh application within a period of four weeks from today, the same shall be dealt with by the learned trial Court by affording an opportunity to the respondents to contest the said application in accordance with law. The time spent by the petitioners while pursuing the present petition shall be excluded for the purpose of filing of an application under the provisions of Order 9 Rule 7 C.P.C . Therefore, present petition is disposed of as having been withdrawn. Pending application(s), if any also stands disposed off. (Romesh Verma) March 09, 2026 Judge (Veena)