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2025 DAILYLAW 10134 (HP)

MOTI RAM v. STATE OF HP AND ANOTHER

CMPMO/186/2023 · 2025-09-23

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:33163 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 186 of 2023 Decided on : 23.09.2025 Moti Ram …Petitioner Versus State of Himachal Pradesh and another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. G.R. Palsra, Advocate. For the respondents : Mr. Rajpal Thakur, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:- “It is, therefore, most humbly and respectfully prayed that the present petition may kindly be allowed and judgment dated 28.03.2023 passed by the Ld. District Judge, Mandi, District Mandi in Civil Misc. Appeal No. 09/2023 as well as the order dated 12.01.2023 passed by Ld. Civil Judge, Court No. 3, Mandi, H.P. in CMA No. 1125/2021 in Civil Suit No. 44/2021 may kindly 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:33163 be set aside and the application under Order 39 Rule 1 & 2 CPC filed by the petitioner may kindly be allowed and justice be done.” 2. The petitioner is aggrieved by order dated 12.01.2023, passed by learned Civil Judge, Court No.3, Mandi, H.P., in CMA No. 1125 of 2021, in Civil Suit No. 44/2021 and judgment dated 28.03.203, passed by learned District Judge, Mandi, District Mandi, in Civil Misc. Appeal No. 09/2023, in terms whereof, the application filed by the petitioner along-with the plaint, under Order XXXIX, Rules 1 and 2 of the Civil Procedure Code (hereinafter referred to as ‘CPC’), was dismissed and so also, was the fate of the Appeal filed under Order XLI, Rule 1(r) of the CPC. 3. When this case was listed in this Court on 03.05.2023, this Court ordered status quo qua possession over the suit land to maintain. 4. Learned counsel for the petitioner informed the Court that the case is at the stage of recording the evidence of the defendants. 5. In this backdrop, this Court is of the considered view that as the order of status quo is in force for last more than two 3 2025:HHC:33163 years, interest of justice would be served in case, this petition is disposed of with the observation that let the parties maintain status quo qua the possession over the suit land, till the disposal of the Civil Suit. 6. Ordered accordingly. The petition is disposed of, in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 23, 2025 (Shivank Thakur)