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2025 DAILYLAW 15031 (HP)

SUDESH RAJ v. PUSHPA KAUSAL

CMPMO/762/2019 · 2025-07-23

Bipin Chander Negi

body2025

Judgment text

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I N THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 762 of 2019 Date of Decision: 23.07.2025 Sudesh Raj ..Petitioner. Versus Pushpa Kaushal & anr. …..Respondents. Coram Hon'ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the petitioner Pawan Gautam, Advocate. For the respondents Mr. Lakshay Parihar, Advocate. 4._ ________________________________________________________ Bipin Chander Negi , Judge (oral) The present petition has been preferred against the impugned judgment dated 22.08.2019, passed by the learned District Judge, Una, District Una, H.P., whereby an application filed by the present petitioner for consolidating two suits namely case No.648 of 2013, titled as Sudesh Raj versus Smt. Pushpa Devi, pending consideration in the Court of Senior Civil Judge Una and case No.1163 of 2018, titled as Sudesh Raj vs. Gram Panchyat pending consideration in the Court of learned Senior Civil Judge, Court No.1, Una, District Una, HP has been dismissed. 2. Heard the learned counsel for the parties. Perused the impugned order and the pleadings. Civil Suit No. 648 of 2013, titled as 1 Whether reporters of Local Papers may be allowed to see the judgment? 2( 2025:HHC:23980 ) Sudesh Raj vs. Smt. Pushpa Devi, pending consideration before the court of learned Senior Civil judge, Una was filed in the year 2010. The suit so filed was for the Permanent Prohibitory Injunction. The same was filed against the present respondent, wherein it is alleged that the respondents are strangers to the suit land and hence the Permanent Prohibitory Injunction was being sought. 3. In so far as the suit No.1163 of 2018 is concerned, the same was filed in the yer 2009, which is pending consideration in the Court of learned Sr. Civil Judge,Court No.1, Una, District Una. The suit so filed is one for declaration and injunction. The present respondents Pushpa Kaushal and Ashwani Kumar are not parties to the said lis. The suit was initially filed against one Raja Ram, who had died during the pendency of the suit and he was replaced by his legal representatives. It is alleged that part of the suit land has been sold to Ashwani Kumar. However, it would be pertinent to mention herein that an application filed for impleading the present respondents as parties in Civil Suit No.1163 of 2018 was dismissed/rejected. The suit land in both the cases are different. 4. In the aforesaid facts and circumstances, I have perused the impugned judgment. I see no reason to differ with the view taken in the impugned judgment. 3( 2025:HHC:23980 ) 5. The present petition has been preferred under Article 227 of the Constitution of India. This Court has a restricted and limited jurisdiction to interfere under the correctional jurisdiction vested in it in terms of Article 227 of the Constitution of India, except to set right a grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice, miscarriage of justice, un- reasonable conclusion and perversity. 6. Besides the aforesaid, in a supervisory jurisdiction reviewing or re-weighing evidence, substituting conclusions, correcting every error of fact or even a legal flaw when the final finding is justified or can be supported is not permissible. (See Sadhana Lodh vs. National Insurance Co. Ltd. & another, (2003)3 SCC 524, and 5 2025:HHC:18931 Garment Craft vs. Prakash Chand Goel, (2022)4 SCC 181). 7. In the case at hand, for the reasons stated here-inabove, I am of the considered view that no ground is made out in the present petition for invoking the jurisdiction of this Court under Article 227 of the Constitution of India. Hence, I find no merit in the present petition and the same is dismissed accordingly. Pending miscellaneous application(s), if any, shall also stand disposed of. Parties are directed to appear before the learned trial Court below on 11.08.2025 i.e Civil Judge, Senior Division, Una in case 4( 2025:HHC:23980 ) No. 648 of 2013, titled as Sudesh Raj vs. Pushpa Devi, and in case No.1163 of 2018, titled as Sudesh Raj vs. Gram Panchayat, before the learned Senior Civil Judge, Court No.1, Una, district Una,HP. (Bipin Chander Negi) Judge July 23, 2025 (veena)