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2025 DAILYLAW 1457 (HP)

LAL SINGH KANWAR v. ISHWAR SINGH KANWAR AND OTHERS

CMPMO/465/2025 · 2026-03-31

Romesh Verma

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 465 of 2025 Date of Decision: 31.03.2026. Lal Singh Kanwar ...Petitioner. Versus Ishwar Singh Kanwar and others ...Respondents. Coram Hon'ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioner: Mr. Y.P.Sood and Mr. Praveen Chauhan, Advocates. For the respondents: Mr. Deepak Gupta, Advocate, for respondent No.1. Mr. Manish Thakur, Deputy Advocate General, for respondents No. 2 and 3. Ms. Sunita Sharma, Senior Advocate with Mr. Rahul Manhans, Advocate, for respondents No. 4 and 5. Mr. Deepak Sharma, Advocate, for respondent No.6. __________________________________________________ Romesh Verma , Judge (oral) The present petition has been filed by the petitioner seeking transfer of the following cases to one Court, i.e. the Court of learned Additional District Judge-II, Shimla, H.P.: 1. Civil Appeal No. 900123 of 2023, titled Lal Singh Kanwar vs. Ishwar Singh Kanwar, pending 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 before the Court of learned District Judge (Forest), Shimla, H.P. 2. Civil Appeal No. 70 of 2024, titled Ishwar Singh Kanwar vs. State of H.P. & others, pending before the Court of learned Additional District Judge (CBI), Shimla, H.P. and 3. Civil Appeal No. 55 of 2023, titled Ishwar Singh vs. Lal Singh Kanwar & others, pending before the Court of learned Additional District Judge-I,Shimla, H.P. 2. Learned counsel for the petitioner has contended that the aforesaid appeals arise out of the same dispute between the parties and involve common questions of fact and law. It is submitted that in order to avoid conflicting judgments and for proper and effective adjudication of the controversy, it would be desirable, in the interest of justice, that all the appeals be heard and decided by one Court. 3. Admittedly, the litigation is between the same parties, though the matters are pending before different Courts at Shimla. 4. In view of the aforesaid facts and circumstances, the present petition is allowed. The aforesaid appeals are ordered to be transferred to the Court of learned Additional District Judge-II, Shimla, H.P., for their adjudication. 3 5. It is clarified that each case shall be decided independently, in accordance with law, without being influenced by any observation made in this order. The parties are directed to appear before the learned Additional District Judge-II, Shimla, H.P. on 17.04.2026. The petition stands allowed in the aforesaid terms. All pending miscellaneous application(s), if any, shall also stand disposed of. (Romesh Verma) Judge March 31, 2026 (Nisha)