2025:HHC:29961 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 193 of 2021 Decided on : 03.09.2025 Hans Raj and others …Petitioners Versus Simro Devi and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : Mr. Sanjeev Kumar Motta, Advocate. For the respondents : Mr. Dheeraj Kumar Vashishat, Advocate, for respondents No.1 & 2. Respondent No.3 exparte. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have assailed order dated 06.05.2021 (Annexure P-7), passed by the learned Trial Court, in terms whereof, an application filed by the petitioners for providing police assistance for implementation of the ad interim injunction order, was dismissed. 2. Having heard learned counsel for the parties and 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29961 having perused the impugned order, this Court is of the considered view that there is no perversity therein, in terms of the reasons assigned in the order as to why the application was rejected by the learned Court below. 3. It is settled law that in exercise of its jurisdiction under Article 227 of Constitution of India, this Court is not to act as an Appellate Court and if the view taken by the learned Court below is one of the views, which is possible on the basis of the facts before it, then this Court need not interfere with the same, in exercise of its power under Article 227 of the Constitution of India. 4. As the impugned order per se, does not demonstrate that it is perverse because the findings returned therein, have been substantiated by the learned Court below on the basis of material on record, this Court sees no reason to interfere with the said order and therefore, the petition is dismissed. However, it is clarified that the trial be conducted by the learned Trial Court uninfluenced by any observation made by this Court in this petition. 5. At this stage, learned counsel for the petitioners 3 2025:HHC:29961 submits that the petitioners be granted liberty to approach the Court under the provisions of Order XXXIX, Rule 2A of the Civil Procedure Code. The petitioners may do so, if they are so advised, of course, subject to all just exceptions and legal rights of the respondents. 6. The petition is disposed of, in above-said terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 03, 2025 (Shivank Thakur)