2025:HHC:27597 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 460 of 2020 Decided on : 14.08.2025 Anil Kumar. …Petitioner Versus Smt. Kanta Thakur and another. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Karan Singh Kanwar, Advocate. For the respondents : Mr. Munish Kumar Garg, Advocate (through V.C.), with Mr. Sushant Vir Singh Thakur, Advocate, for respondent No.1. Mr. Ganesh Barowalia, Advocate, for respondent No.1. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has assailed order dated 21.11.2020, passed by learned Senior Civil Judge, Nahan, in CMA No. 554/6 of 2020, in terms whereof, the application filed by the petitioner herein, under Section 73 of the Indian Evidence Act, was dismissed. 2. When the case was taken up for consideration, 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:27597 learned counsel for the petitioner summits that the petitioner may be allowed to withdraw the application that was filed before the learned Court below, but with liberty to file a fresh application, in case, the need so arises. 3. Learned counsel appearing for the respondents stated that though they have no objection as far as the prayer for withdrawal of the application is concerned, but they object to the subsequent prayer of grant of permission to the party to file a fresh application, praying for the same relief. 4. Having heard learned counsel for the parties, this petition is disposed of by permitting the petitioner to withdraw the application, that was filed before the learned Trial Court under Section 73 of the Indian Evidence Act and as far as the subsequent prayer so made is concerned, this Court is not making any observation thereupon and in case, it is permissible in law for the said petitioner to subsequently file such an application, he may do so but the Court is neither granting nor refusing any express liberty with respect to that. As a result of the application filed under Section 73 of the Indian Evidence Act being allowed to be withdrawn by the Court, but obvious, 3 2025:HHC:27597 the impugned order passed by the learned Trial Court dated 21.11.2020 becomes otiose. Parties through counsel are directed to appear before the learned Trial Court on 01.09.2025. Thereafter, learned Trial Court may make an endeavour to decide the Civil Suit, as expeditiously as possible. 5. The petition is disposed of in above-said terms. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 14, 2025 (Shivank Thakur)