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2025 DAILYLAW 13636 (HP)

SATISH KUMAR v. SWARAN RAM (DECEASED THROUGH LRs GURNAM SINGH) AND OTHERS

CMPMO/320/2024 · 2025-02-28

Satyen Vaidya

body2025

Judgment text

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( 2025:HHC:3847 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 320 of 2024. Decided on : 28 th February, 2025. Satish Kumar ...Petitioner. Versus Swaran Ram (since deceased) through his LRs and Ors. ....Respondents. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Ajay Sharma, Sr. Advocate with Mr. Atharv Sharma, Advocate. For the respondents: Mr. Mohit Jaitak, Advocate, for respondents No. 1(a) and 1(b). Mr. Vishal Singh Thakur, Advocate, vice Mr. Mohit Dogra, Advocate, for respondent No.4. Satyen Vaidya, Judge (Oral). By way of instant petition, the petitioner has assailed order dated 13.06.2024 passed by learned Senior Civil Judge, Court No.1, Una, in CMA No.1719/2024 in Civil Suit No. 89/11, whereby the respondents herein has been allowed to repair the wall damaged due to the accident caused by the vehicle. 1 Whether reporters of the local papers may be allowed to see the judgment? 2. Respondents herein are the plaintiffs before the learned trial Court and the petitioner herein is the defendant. 3. It has been submitted on behalf of the defendant/petitioner that the impugned order was stayed by this Court and hence the plaintiffs/respondents were not entitled to carry the repair work as allowed vide impugned order. 4. On the other hand, learned counsel for the plaintiffs/respondents submits that after passing of the impugned order, the repair work has already been carried out. 5. It has further been informed by learned counsel for the parties that the suit before the learned trial Court is at final stages and is to be heard finally and decided. 6. Be that as it may, keeping in view the fact that the suit is at final stages, it will be appropriate in the interest of justice to direct the learned trial Court to decide the suit in time bound manner because the suit was filed in the year 2011 and approximately 14 years have already elapsed. …2… ( 2025:HHC:3847 ) 7. Accordingly, this petition is disposed of with direction to learned trial Court to decide the suit finally on or before 31st March, 2025. It is clarified that while deciding the suit learned trial Court will not be prejudiced by the repair work, if any, carried out by the plaintiffs/respondents in pursuance to the impugned order. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 28th February, 2025. (jai) …3… ( 2025:HHC:3847 )