1 ( 2025:HHC:8632 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No.95 of 2023 Date of Decision : 01.04.2025 Sita Devi and others …… Petitioners Versus Prem Dutt ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioners : Mr. Vinod Chauhan, Advocate. For the respondent : Mr. Virender Chauhan and Ms. Narvada, Advocates, vice Ms. Vandana Thakur, Advocate. Bipin Chander Negi, Judge (oral) The present petition has been preferred against the order dated 17.05.2023, passed by learned Senior Civil Judge, Sirmaur, District at Nahan, Himachal Pradesh, in Execution Petition No.757/20, titled Prem Dutt vs. Sita Devi and others, whereby objections filed by the present petitioners against the execution preferred by the present respondent, has been dismissed without a speaking order. 2. Brief facts giving rise to the present case are that on 22.03.2022, objections were filed by the present petitioners with respect to the execution initiated by the present respondent. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:8632 ) Subsequent to 22.03.2022, the matter was listed on 13.05.2022 for filing reply to the objections. On the said date, reply to the objections was filed. 3. Thereafter, the matter was listed on 14.07.2022, 08.09.2022, 30.09.2022, 15.12.2022, 20.03.2023 and 17.05.2023. On the aforesaid dates, the matter was listed for consideration of the objections. On 17.05.2023, the order observes that the matter with respect to the objections stand heard but no order has been placed on record showing application of mind or consideration upon the objection so filed. Rather surprisingly order dated 17.05.2023 simply records “Heard Warrant of attachment be issued against the J.Ds on filing list of immovable property within to days for 10.07.2023”. 4. Heard learned counsel for the parties and perused the record. 5. Admittedly, in the case at hand, objections filed by the present petitioners had been dismissed without a speaking order. The same is a grave infraction of principle of natural justice. In view thereof, present petition is allowed. Accordingly, order dated 17.05.2023, passed by learned Senior Civil Judge, Sirmaur, District at Nahan, Himachal Pradesh, in Execution Petition No.757/20, titled Prem Dutt vs. Sita Devi and others, is quashed and set aside. 6. The parties are directed to appear before the Trial Court on 16.04.2025. The Trial Court shall decide the objections filed by the 3 ( 2025:HHC:8632 ) present petitioner/Judgment Debtor as expeditiously as possible, subject to his convenience. 7. In view of aforesaid, present petition stands disposed of, so also, pending miscellaneous application(s), if any. (Bipin Chander Negi) April 01, 2025 (KS) Judge