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2025 DAILYLAW 11090 (HP)

AMAR JEET SINGH v. KEHAR SINGH

CMPMO/552/2017 · 2025-03-10

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.552/2017. Date of Decision: 10th March, 2025. Amar Jeet Singh .....Petitioner Versus Kehar Singh & Ors ….Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Deepak Kaushal, Sr. Advocate with Mr. Aditya Chouhan, Advocate. For the Respondents: Mr. Vivek Negi, Advocate, for respondent No.1. None for respondents No.2 & 3. Bipin Chander Negi, Judge (oral). In the case at hand, a suit for possession was filed by the present petitioner. In the suit so filed for possession, an application for impleadment was filed by present respondent No.1. The said application was allowed vide order dated 17.08.2016. 2. Feeling aggrieved and dissatisfied with the impugned order, the present petition has been filed. Admittedly, in the case at hand, the present petitioner as well as respondent No.1, who was impleaded vide order dated 17.08.2016 along with another brother are joint owners in Khasra No.558/48 i.e. the suit property. 3. Learned Senior Counsel appearing on behalf of the petitioner, in the case at hand, submits that in the suit filed for possession, no relief is being claimed against respondent No.1. Rather he submits that being a joint owner by way of filing of 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 the present suit, petitioner in the case at hand is protecting the interest of respondent No.1. It is further submitted that possession is being claimed by the present petitioner on behalf of all the joint owners. As no plea of ouster from the suit land is being claimed by the present petitioner against respondent No.1. 4. In view of the aforesaid submission, present petition is allowed, the impugned order dated 17.08.2016 is quashed and set aside. Parties are directed to appear before the learned trial Court on 27.03.2025. In view of the above terms, present petition stands disposed of so also the pending miscellaneous application(s), if any of. (Bipin Chander Negi) Judge 10th March, 2025 (Gaurav Rawat)