2025:HHC:28653 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 990 of 2019 Decided on : 25.08.2025 Bhim Singh. …Petitioner Versus Canara Bank and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. G.R. Palsra, Advocate. For the respondents : Mr. Devan Sharma, Advocate, vice Mr. Hem Singh Thakur, Advocate, for respondent No.1. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has assailed order dated 27.04.2019, passed by learned Senior Civil Judge, Mandi, District Mandi, which reads as under:- “27.04.2019 Present: Sh. R.K.Nanda, Adv. for the DH. Jds No.1 to 3 already ex-parte. An application under Order 21 Rule 37 and 38 of CPC read with Section 151, CPC for detention of Jds in civil prison has already been moved wherein it is 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28653 stated that DH/applicant has filed an execution for recovery of amount Rs.666756/- along with Interest calculated up to 9-11-2011 against the Jds which is pending adjudication before the Court. It has further submitted that DH has tried its best to recover the decreetal amount but Jds are not making the payment as such DH wants to execute the money decree by the arrest and detention of the Jds in Civil Prison. Hence, filed this application. Perusal of execution petition reveals that sale warrant has been issued number of times but same cannot be executed. It appears that this execution petition can not be satisfied through ordinary process. Keeping in view the averments made in the application the same is allowed. Application stands disposed of. It be registered and be tagged with main case file for record. Let, NBW be issued to Jds for 11-06-2019 on depositing detention charges.” 2. Having heard learned counsel for the petitioner as well as learned counsel for respondent No.1, this Court does not finds any perversity with the impugned order, however, in the interest of justice, it is ordered that order dated 27.04.2019 3 2025:HHC:28653 shall remain in abeyance till 30.09.2025, to enable the petitioner/JD to make good the decreetal amount. In case, the entire decreetal amount with up-to-date interest is not liquidated by the petitioner, on or before 30.09.2025, present order shall loose its efficacy and order dated 27.04.2019, passed by the learned Trial Court shall become operative in full force. 3. The petition is disposed of, in above-said terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 25, 2025 (Shivank Thakur)