2025:HHC:27317 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 265 of 2020 Decided on : 13.08.2025 Kanhiya Lal. …Petitioner Versus Gram Panchayat, Bhour and another. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Bimal Gupta, Senior Advocate, with Mr. Trigun Singh Negi, Advocate, vice Ms. Kusum Chaudhary, Advocate. For the respondent : Ms. Kiran Dhiman, Advocate, for respondent No.1. Mr. Pushpinder Jaswal, Additional Advocate General, for respondent No.2. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following relief:- “It is, therefore, respectfully prayed that this petition may kindly be allowed and the impugned judgment dated 12.3.2020 passed by learned Addl. District Judge, 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:27317 Sundernagar, District Mandi, H.P. in Civil Misc. Appeal No. 43/2019 may kindly be set-aside and the order dated 19.12.2019 passed by learned Civil Judge (Sr. Division), Court No.1, Sundernagar, District Mandi, kindly may restored with a further direction to the respondents to maintain the status quo ante as it existed prior to passing of the impugned judgment dated 12.3.2020.” 2. The petitioner is aggrieved by the order 12.03.2020, passed by the learned Appellate Court, in terms whereof, the order passed in favour of the petitioner in an application preferred under Order XXXIX, Rule 1 and 2 of the Code of Civil procedure along-with the main Civil Suit, in which interim was granted in favour of the petitioner by the learned Trial Court, was interfered with by the learned Appellate court. 3. When this case was listed before this Court for the first time on 17.03.2020, the following order passed:- “CMPMO No.265 of 2020 & CMP No.3446 of 2020 Issue notice. Mr. Kunal Thakur, learned Deputy Advocate General, appears and waives service of notice on behalf of respondent No.2. Separate notice be issued to respondent No.1, returnable for 21.4.2020, on taking steps within a period of two days. Reply, if any, to the 3 2025:HHC:27317 application be also filed. CMP No.3445 of 2020 Notice in the aforesaid terms. Reply, if any, be filed on or before the next date of hearing. In the interim, it is ordered that respondent No.1 shall not cause any hindrance/obstruction, if any, to the passage leading to the house of the petitioner and shall also restrained from carrying out any further construction. Registry while issuing notice to respondent No.1 shall specifically direct Pradhan, Gram Panchayat concerned to remain present in Court on the next date of hearing. Copy dasti.” 4. This order has remained in force till today, though the proceedings in the Civil Suit were not deferred by the Court. 5. In the light of the fact that the interim that was granted to the petitioner by this Court, has been in vogue for the last five years and the Civil Suit pertains to the year 2020, this Court is of the considered view that it would be in the interest of justice that without making any observations on the merits of the case, this petition is disposed of by observing that the order that has been passed by this Court on 17.03.2020, shall remain in force during the pendency of the Civil Suit and serious endeavour shall be made by the learned Trial Court to 4 2025:HHC:27317 decide the Civil Suit, as expeditiously, as possible. Ordered accordingly. 6. With these observations, this petition is disposed of. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 13, 2025 (Shivank Thakur)