Extracted from the PDF above. The PDF is authoritative.
2025:HHC:30571 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.415 of 2018 Decided on: 08.09.2025 Sh. Prem Chand & another
… Petitioners Versus Sh. Purshotam Dass … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioners : Mr. Ashwani K. Sharma, Senior Advocate, with Ms. Nisha Galot, Advocate. For the respondent : Mr. Suneet Goel, Senior Advocate, with Mr. Vivek Negi, Advocate.
Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners/defendants have assailed the orders passed by the learned Courts below, in terms whereof, an application filed by the respondent/plaintiff under Order 39, Rule 1 and 2 of the Civil Procedure Code was allowed by the learned Trial Court and the appeal preferred against the same by the present petitioners was dismissed.
2. A perusal of the record demonstrates that when this case was listed in this Court on 10.10.2018, the following order was passed:-
“Notice returnable on 27th November, 2018 be issued to respondent, on taking steps within two days. CMP No.9847 of 2018 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:30571 Notice in above terms. In the meanwhile, parties are directed to maintain status quo qua nature, possession and user of the suit property, as of today.” This order is continuing till date. The Court further stands informed by learned Senior Counsel for the parties that the case is presently listed for recording the evidence of the plaintiff.
3. Having heard learned Counsel for the parties and taking into consideration the fact that the parties besides the orders passed by the learned Courts below are also in terms of the order passed by this Court on 10.10.2018, maintaining status-quo, qua nature, possession and user of the suit property, this petition is disposed of without interfering with the order under challenge, but by ordering that the parties shall maintain status-quo, qua nature, possession and user of the suit property till the disposal of the Civil Suit. Learned Trial Court shall make an endeavour to decide the Civil Suit as expeditiously as possible and not more than three opportunities ordinarily shall be given to either of the parties to lead evidence. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge September 08, 2025 (Rishi)