IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. : 582 of 2022 Decided on : 28.05.2025 Charan Dass. .…Petitioner. Versus Om Parkash …Respondents. Coram The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioner : Mr. Sanjeev Bhushan, Sr. Advocate, with Mr. Rajesh Kumar, Advocate. For the respondent : Mr. Rohit, Advocate. Satyen Vaidya, Judge (oral) In sequel to order dated 26.05.2025, learned Senior Counsel for the petitioner, on instructions, has admitted the position that Civil Suit No. 138 of 2021 has been dismissed in default by the learned Trial Court. He further submitted that an application for restoration has recently been 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Neutral Citation No. ( 2025:HHC:16465 ) filed. Be that as it may, since the main suit i.e. Civil Suit No. 138 of 2021 is not on the files of learned Trial Court, the instant petition has been rendered infructuous for the reason that the order assailed herein had also arisen from the pleadings in Civil Suit No. 138 of 2021. Ordered accordingly. 2. The petition is dismissed as having been rendered infructuous. 3. However, the petitioner shall have liberty to seek appropriate remedy in accordance with law including revival of this petition in case the Civil Suit No. 138 of 2021 is restored to its files. 4. Pending miscellaneous application(s), if any, shall also stand disposed of. (Satyen Vaidya) 28th May, 2025 Judge (sushma)