2025:HHC:29096 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.150 of 2021 Decided on: 28.08.2025 Santosh Kumar & another … Petitioners Versus Bhagat Ram & another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Ms. Vaishali Lakhanpal, Advocate, vice Mr. Maan Singh, Advocate. For the respondents : Ms. Heena Chauhan, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have assailed the order passed by the learned Trial Court, in terms whereof, an application filed by the petitioner under Order 39, Rule 2-A of the Civil Procedure Code was dismissed as well as the judgment passed by the learned Appellate Cour,t in terms whereof, the appeal preferred by the petitioners against the order passed by the learned Trial Court was also dismissed. 2. Having heard learned Counsel for the parties and having carefully gone through the order and judgment, this Court does not finds any infirmity therein. 3. In fact, a perusal of the judgment passed by the learned Appellate Court demonstrates that there was no evidence placed on record by the petitioners to prove that the respondents had raised 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29096 construction over the suit land and not on any other land. Learned Appellate Court, thus, held that in light of no such evidence being there learned Trial Court rightly held that there was no violation of the status quo orders as the same was not proved satisfactorily. 4. In light of the findings returned by the learned Court below and further taking into consideration the fact that the impugned order relates back to the years 2019 and 2021, this Court otherwise is of the considered view that at this stage, no fruitful purpose would be otherwise served to adjudicate this petition on merit and it would be in the interest of both the parties in case these proceedings are closed, but with an observation to the learned Trial Court to ensure that the main suit itself is decided as expeditiously s possible. 5. 5. Accordingly, these proceedings are closed without adjudication on merit, but with the observation that endeavour be made by the learned Court below to dispose of the civil suit as expeditiously as possible in light of the fact that the same pertains to the year 2009, if possible, before 31.03.2026. 6. The petition stands disposed of. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 28, 2025 (Rishi) 3 2025:HHC:29096 11.40