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2025 DAILYLAW 12478 (HP)

JAGAT RAM v. RATTAN CHAND

CMPMO/492/2017 · 2025-08-19

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:28082 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.492 of 2017 Decided on: 19.08.2025 Jagat Ram & others … Petitioners Versus Kashmiro Devi & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Vivek Negi, Advocate. For the respondents : Mr. Neeraj Gupta, Senior Advocate, with Mr. Harshit Sharma, Advocate, for proposed LRs. 1 (a) to 1 (d) and respondent No.2. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following relief:- “It is, therefore, respectfully prayed that in view of the submissions made here-in-above, the present petition may kindly be accepted with costs and the impugned order dated 21.4.2017 passed by the Id. learned Additional District Judge, Hamirpur, HP in Civil Misc. Appeal No. 8 of 2016 whereby the order dated 29.4.2016 passed by learned Civil Judge, Junior Division, Court No. II, Hamirpur, H.P. in CMA No. 454/2015 in civil suit no 406/2015 titled as Jagat Ram and others versus Rattan Chand and another has been reversed, and the application of the petitioners under Order 39 Rule 1 & 2 of the Code of Civil Procedure has been dismissed, may kindly be quashed and set aside consequently allowing 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28082 the application Any other or further order as this Hon'ble Court may deem just and proper keeping in view the facts and circumstances of the case, may also be passed in favour of the petitioner.” 2. A perusal of the record demonstrates that when the matter was taken up by this Court on 08.11.2017, an order was passed by the Court, directing the parties to maintain status-quo qua nature and possession and alienation over the suit land. This order is in forced till date. The Court stands informed that the civil suit itself was is now listed for final hearing in the month of September, 2025. 3. In light of this development, these proceedings are closed without making any observation on merit, but by observing that the parties shall maintain status-quo qua nature, possession and alienation of the suit land till the disposal of the civil suit and learned Trial Court is impressed upon to decide the civil suit as expeditiously as possible and preferably by 31.12.2025. None of the parties be allowed by the learned Trial Court to seek un-necessary adjournments. 4. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 19, 2025 (Rishi)