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2025 DAILYLAW 14100 (HP)

KRISHAN GOPAL SOOD DECEASED THROUGH LRS NEELAM SOOD AND ORS v. VARINDER MOHAN SOOD

CMPMO/355/2022 · 2025-05-20

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 355 of 2022 Decided on: 20.05.2025 ____________________________________________________ Krishan Gopal Sood and others ……….. petitioners Versus Varinder Mohan Sood ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioners : Mr. Romesh Verma, Sr. Advocate, with Mr. Digvijay Bisht, Advocate. For the respondent : Mr. Anuj Gupta, Advocate. ____________________________________________________ Bipin Chander Negi, Judge (oral) The petitioner herein was the tenant in the demised premises. The eviction of the petitioner had been ordered by the Rent Controller vide judgment dated 1.10.2021 appended alongwith the present petition as Annexure P-1. 2. Feeling aggrieved thereof, the present petitioner had preferred an appeal. During the pendency of the appeal, vide impugned order dated 16.7.2022 i.e. Annexure P-6, mesne profit had been awarded against the present petitioner for use and occupation of the premises, in case, post eviction. 3. In view of the aforesaid, the present petition had been preferred laying a challenge to Annexure P-6. During the 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 pendency of the present petition, the appeal preferred against the judgment of eviction dated 1.10.2021 stands allowed on 27th December, 2022. Revision preferred against therein by the present respondent stands dismissed on 10th January, 2025. Learned counsel appearing on behalf of the respondent does not dispute the aforesaid facts. 9. In view thereof, impugned order dated 16.07.2022 (Annexure P-6) is quashed as the very basis for the same i.e. judgment dated 1.10.2021 stands quashed. The petition stands disposed of in the aforesaid terms, so also, the pending miscellaneous application, if any. (Bipin Chander Negi) Judge May 20, 2025 tarun