Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:213 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 201 of 2024 Date of Decision: 02.01.2025 _____________________________________________________ Arjun Kalia & Anr.
...Appellants Versus Ankur Kalia ...Respondent
Coram Hon’ble Mr. Justice Sushil Kukreja, Judge. Whether approved for reporting? For the Appellants: Mr. George, Advocate For the Respondent: Mr. Anand Sharma, Senior Advocate with Mr. Karan Sharma. Advocate. _____________________________________________________ Sushil Kukreja
, J . (Oral) The present appeal has been filed by the appellants against the order passed by the learned Additional District and Sessions Judge-I, Una, Distt. Una, H.P. on the application under
order 39 Rule 1 and 2 CPC filed by the present respondent, Ankur Kalia, wherein, the learned First Appellate Court had directed the parties to maintain status quo. The relevant portion of the aforesaid
order reads as under:-
“11. In these circumstances, considering the rival claims of the parties on the touchstone of three ingredients required for granting interim injunction u/o 39 Rule 1 & 2 CPC i.e. prima facie case, balance of convenience and irreparable loss, I deem it appropriate to direct the parties to maintain status-quo qua the suit property and further as far as the offerings are concerned, to direct the temple trust to keep the share of Smt. Shakuntla Devi alias Shakti Devi in a fixed deposit in some Nationalized bank till the
( 2025:HHC:213 ) disposal of present appeal and later on the amount shall be released in accordance with
judgment in the main appeal. The observations made hereinabove shall have no bearing on the merits of main appeal and are only confined to disposal of this application.”
2. During the course of the arguments, with the consent of
learned counsel for the parties and without disturbing the impugned
order, the learned First Appellate Court i.e. Court of Additional District and Sessions Judge-I, Una, Distt. Una, H.P. is directed to decide the appeal filed by the respondent herein on merits in accordance with law as expeditiously as possible and in any event, not later than 30th June, 2025.
3. The parties are directed to appear before the Court of learned Additional District and Sessions Judge-I, Una, Distt. Una, H.P. on 20th January, 2025. Records be sent back forthwith.
4. The present appeal stands disposed of. Pending application(s), if any, also stand(s) disposed of. January, 02, 2025
(Sushil Kukreja), (Sumit) Judge