IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.602 of 2019 Decided on 03rd September, 2025 Rattan Bhushan and another …Petitioners Versus Anil Kumar …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. C.D. Negi, Advocate. For the respondents: Mr. Mamta, Advocate, vice Mr. Naveen Negi, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has assailed order dated 05.09.2019, passed by the learned Senior Civil Judge, Kinnaur at Reckong Peo, H.P., in terms whereof, the defence of the petitioner has been closed. 2. Having perused the impugned order and other record it transpires that it is a matter of record that despite being served in the year 2019, the petitioner did not file any written statement, even till the month of September, 2019, when the application filed under Section 148 of the Cr.P.C. for extension of time was dismissed. 2 3. Therefore, though, this Court does not finds any infirmity in the impugned order, however, in the interest of justice, the impugned order is modified to the effect that subject to payment of cost of Rs.15,000/- by the petitioner to the respondent i.e. the defendant to the plaintiff, one opportunity shall be granted to the petitioner to file the written statement. Parties are directed to appear before the learned Court below on 06.10.2025. On the said date, the petitioner herein shall have to pay the costs by way of a bank draft drawn in favour of the plaintiff as well as file the written statement. In case, either of the above is not done by the petitioner, then, this order will loose its efficacy and the order passed by the learned Trial Court dated 05.09.2019 shall become enforceable. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge September 03, 2025 (Vinod)