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2025 DAILYLAW 17106 (HP)

RAMESH CHAND AND OTHERS v. CHARAN DASS AND OTHERS

CMPMO/318/2025 · 2025-08-04

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:26104 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.318 of 2025 Decided on: 04.08.2025 Ramesh Chand & others … Petitioners Versus Charan Dass & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr.Daleep Singh Kaith, Advocate. For the respondents : Mr. Mohit Jaitak, Advocate, through V.C. and Mr. Kunal Mehta, Advocate, for the respondent. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have prayed for the following relief:- “It is, therefore, respectfully prayed that present Petition may very kindly be allowed and the order dated 13.03.2025 (Annexure P-1) & 06.06.2025 (Annexure P-2) passed by the Ld. Sr. Civil Judge (Court No.1, District Una, H.P. may kindly be quashed and set aside and instant petition filed by petitioners may kindly be allowed in the interest of law, justice, equity and fair play.” 2. Having heard learned counsel for the parties and taking into consideration the fact that is only an ad interim order passed on the application filed under Order XXXIX, Rule 1 and 2 of the Civil 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:26104 Procedure Code and the case is now stated to be listed before the learned Court below on 13.08.2025, as agreed, this petition is disposed of without interfering with the orders impugned but by keeping the order of police assistance in abeyance with further direction that learned Trial Court shall decide the application filed under Order XXXIX, Rule 1 and 2 of the Civil Procedure Code on the next date of hearing. In case the application is decided in favour of the applicants therein, the order passed vis-a-vis police assistance shall stand revived. It is observed that the application shall be decided on its own merit by the learned Court, uninfluenced by any observation made by this Court in this petition. Interim order, if any, also stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 04, 2025 (Rishi)