2025:HHC:26575 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.345 of 2016 Decided on: 07.08.2025 Yash Paul Singh & another … Petitioners Versus Yudhbir Singh & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Sunny Modgil, Advocate (through V.C.) and Ms. Ananya Verma, Advocate. For the respondents : Mr. Dheeraj K. Vashisht, Advocate, for respondents No.2 to 5, 8 and 9. Respondents No.1, 6, 7 and 10 are reported to be dead. Proposed respondents 7(a), 7 (b) and 7 (d) ex parte. Ajay Mohan Goel, Judge (Oral) As per report of the Registry, whereas proposed respondents 7 (a), 7 (b) and 7 (d) are ex parte and proposed legal representative 7 (c) is yet to be served. 2. When the matter was taken up for consideration today, the Court stands informed that respondents No.1 and 6 have died during the pendency of these proceedings in addition to respondents No.7 and 10. 3. Taking into consideration the fact that the petitioners 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:26575 have approached this Court against an order passed by passed by the learned Trial Court, granting police assistance for the implementation of the ad interim order passed in an application under Order XXXIX, Rule 1 and 2 of the Civil Procedure Code, for the purpose of adjudication of this petition, the names of deceased respondents No.1, 6, 7 and 10 are ordered to be deleted from the array of the respondents. 4. In the light of this order, CMP(M) Nos. 1642 and 1643 of 2017 have been rendered infructuous and the same are dismissed. CMPMO No.345 of 2016 5. By way of this petition, the petitioners have, inter alia, prayed for the following relief:- “It is, therefore, prayed that in view of the stated herein above as well as documents placed on record, the petition may very kindly be allowed and the impugned order dated 09-03-2016 passed in CMA No. 21 of 2015 in Civil Suit No. 90 of 2015 titled as Yash Paul Singh and others Vs Yudhbir Singh and others may kindly be quashed and set aside, in the interest of justice.” 6. When this case was listed on 08.09.2016, the operation of the impugned order as well as proceedings in the main civil suit were stayed by the Court. In the light of the fact that the civil suit is hanging fire for more than a decade now in the light of the interim 3 2025:HHC:26575 order passed by this Court, this petition is disposed of without any observation on merit, but with the direction that learned Trial Court shall make an endeavour to decided the application filed by the plaintifsf under Order XXXIX, Rule 1 and 2 of the Civil Procedure Code finally on or before 31.10.2025. Till then, the order passed by learned Court below, dated 09.03.2016, shall remain in abeyance. In case the application filed under Order XXXIX, Rule 1 and 2 of the Civil Procedure Code is decided in favour of the plaintiffs, then the order passed by learned Court below on 09.03.2016 shall again become operative subject to legal rights of the parties. It is again clarified that this Court has not made nay observation as far as merits of this case are concerned. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 07, 2025 (Rishi) 4 2025:HHC:26575 5