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2024 DAILYLAW 884 (HP)

SITA RAM v. BRIJ LAL AND OTHERS

CMPMO/640/2024 · 2026-08-27

Virender Singh

body2024

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 640 of 2024 Decided on : 27.8.2026 Sita Ram … Petitioner Versus Brij Lal & others …Respondents _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioner: Mr. Malay Kaushal, Advocate. For the Respondents : Mr. Sanket Sankhyan, Advocate, for respondent No. 1. Virender Singh, Judge (oral) In view of a four judge Bench decision of Hon’ble Supreme Court, in ‘Sheodan Singh versus Daryao Kunwar’, reported in AIR 1966 Supreme Court 1332, as well as, ‘Shyam Sunder Sarma versus Panna Lal Jaiswal & others’, reported in (2005)1 Supreme Court Cases, 436, learned counsel for the petitioner sought liberty to withdraw the present petition, which has been filed under Article 227 of the Constitution of India, with liberty to assail the order dated 25.9.2024, passed by 2 the Court of learned Civil Judge, Jhandutta, District Bilaspur, H.P. in CMA Nos. 202 of 2024 and 203 of 2024, before the competent Court, i.e. District Judge, Bilaspur, District Bilaspur, H.P. 2. In addition to this, a prayer has been made to provide the protection of Section 14 of the Limitation Act to the petitioner, while filing appropriate proceedings, before the learned District Judge. 3. Request considered and allowed. 4. The present petition is dismissed as withdrawn, with the liberty as aforesaid. In case, appropriate proceedings are initiated, before the competent Court of law, within a period of four weeks, then, the petitioner shall be entitled for the benefit of Section 14 of the Limitation Act. 5. With these observations, the present petition is disposed of, so also the pending application(s), if any. (Virender Singh) 27.8.2026 Judge Kalpana 3