IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.169 of 2025 Decided on: 17.06.2025 Mehta Raghuvindra Singh & another ….Petitioners Versus Neerja & others ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioners: Ms. Aruna Chauhan, Advocate. For the respondents: Mr. Rajesh Khurana, Mr. Sachit Khurana and Mr. Maan Singh, Advocates. Satyen Vaidya, Judge (Oral) By way of instant petition, the petitioners have assailed order dated 30th July, 2024, passed by learned Senior Civil Judge, Court No.2, Solan in Civil Suit No.140/2019. 2. The order impugned in the instant petition reads as under: “Perusal of matter on record reveals that defendant No.7 has moved an application under Order 23 Rule 1- A read with Order 1 Rule 10 CPC. It has further revealed that the said defendant has also filed Counter Claim under Order 8 Rule 6A CPC alongwith an application under Order 8 Rule 9 read with Section 151 CPC for placing on record the said counter claim as subsequent pleadings. Copies supplied. Time sought for filing reply. Prayer considered and allowed. Reply be field on or before 31.08.2024.” 2 3. The grievance projected by the petitioners, by way of instant petition, is that, though, the petitioners have expressed their intention before learned trial Court to withdraw the suit, but the proceeding in the suit have been continued even thereafter. 4. The contention raised by the petitioner is substantiated by the contents of order dated 27.07.2024, passed by learned trial Court, which reads as under: “Plaintiff No.1 who is stated to be the Power of attorney holder plaintiff No.1 who is stated to be the Power of attorney holder of plaintiff No.2 has submitted that plaintiffs do not intend to pursue the present suit against defendants and has prayed for withdrawal of the present suit. Separate statement of plaintiff present is taken on record. Counsel for contesting defendant No.7 has objected to withdrawal of present suit and has prayed for moving an application under Order 23 Rule 1A read with Order 1 Rule 10 CPC. Prayer considering rights and interests of both the parties is considered and allowed. Be listed for further orders on 30.7.2024. 5. In addition, a statement of plaintiff No.1 has also been recorded on 27th July, 2024 to that effect. 6. The record, however, reveals that on 28.12.2024, learned trial Court has ordered the suit of the petitioners herein to be dismissed for default of appearance. That being so, the 3 petitioners cannot have any subsisting grievance. In view of the order dated 28.12.2024 passed by learned trial Court, the relief prayed in the instant petition is infructuous. 7. The petition is according disposed of along with pending application(s), if any. ( Satyen Vaidya ) Judge June 17, 2025 (vt)