2025:HHC:24055 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.761 of 2019 Decided on: 24.07.2025 Raj Kumar (deceased) through L.R. Smt. Parveen Kumari & others … Petitioners Versus Suresh Kumar & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. Divya Raj Singh, Advocate. For the respondents : Mr. Dheeraj K. Vashisht, Advocate, for respondent No.1. Respondents No.2 to 5 ex parte. Mr. Sunny Modgil, Advocate, (through Video Conferencing) and Ms. Ananya Verma, Advocate, for respondents No.6 and 7. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have, inter alia, prayed for the following relief:- “It is, therefore, humbly requested that the present petition may kindly be allowed and the impugned order may kindly be quashed and set aside or the Hon’ble Court may please to pass any such other further order.” 2. The petitioners are aggrieved by order dated 02.11.2019, passed by the Court of learned Civil Judge (Junior Division), Amb, District Una, H.P., in terms whereof, right of the petitioners to lead 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:24055 evidence was closed by the Court by observing that no steps were taken for the dasti service of the witnesses in terms of the previous order. 3. Though, learned counsel for the petitioners has vehemently argued that the reason as to how the order dated 02.11.2019 could not be complied with was on account of ill-health of the plaintiff, however, having perused the averments made in the petition as well as the zimini orders which demonstrate that recording of the statements of the witnesses of the defendants was hanging fire since the year 2019, this Court does not finds any reason to set aside the impugned order because it is evident from the record that despite reasonable opportunities granted to the defendants, no steps were taken to produce the evidence. 4. Accordingly, this petition is dismissed. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 24, 2025 (Rishi)