Extracted from the PDF above. The PDF is authoritative.
2025:HHC:32950 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.364 of 2025 Decided on: 22.09.2025 Sandeep Chaudhary
… Petitioner Versus Priyanka … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________
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For the petitioner : Mr. Devender K. Sharma, Advocate. Petitioner, Mr. Sandeep Chaudhary, present in person. For the respondent : No notice issued.
Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has assailed order dated 20.06.2024, passed by the Court of learned Additional Principal Judge, Family Court, Hamirpur, District Hamirpur, H.P., which reads as under:-
“Though, case is fixed for arguments, but today, the petitioner has given on oath statement that she does not want to proceed further with the case and wants to withdraw the same. Her statement is on record, who is identified by Sh. Tarun Thakur, Advocate. Hence, in view of the statement of the petitioner, the present petition is dismissed as withdrawn. Miscellaneous, application(s), if any, is also disposed of. The file, after due completion, be consigned to record room.” 1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:32950
2. The grievance of the petitioner is that while allowing the withdrawal of the appeal, learned Court below did not award the costs in terms of the Order XXIII, Rule 1, sub-clause (4) of the Civil Procedure Code.
3. Having heard learned Counsel for the petitioner, this Court is of the considered view that in light of the fact that it not reflected in the impugned order that any such plea was raised before the said Court by the petitioner herein that the petitioner be compensated by imposition of costs upon the petitioner therein, this Court finds no reason to interfere with the said order. This is more so for the reason that dispute therein was between husband and wife and the petitioner therein was the wife.
4. At this stage, learned Counsel for the petitioner submits that the petitioner be allowed to withdraw this petition, but with liberty file a review before the learned Family Court.
5. The petition is allowed to be withdrawn with liberty, as prayed for, subject to all just exceptions.
6. The petition stands disposed of. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge September 22, 2025 (Rishi)