Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.524/2025
Date of Decision: 08th September, 2025. Ramesh Chand and Ors. .....Petitioners Versus Charan Dass and Ors. …..Respondents
Coram
The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioners: Mr. Ashok Kumar Verma, Advocate. For the Respondent: Nemo. Bipin Chander Negi, Judge (oral). The present petition has been filed seeking the following substantive relief:
“It is therefore, respectfully prayed that present petition may very kindly be allowed and the orders dated 06.06.2025 (Annexure P-4) and dated 13.08.2025 (Annexure P-7) passed by the Ld. Sr. Civil Judge (Court No.1), District Una, HP in CMA No.1819/2025, titled as Charan Dass & Ors. V/s Ramesh Chand and Ors, may kindly be quashed and set aside in the interest of law, justice, equity and fair play.”
2. Ex parte ad interim injunction, in the case at hand, was passed initially on 13.03.2025 by the trial Court in favour of the respondents/plaintiffs. The said ex parte ad
1 Whether reporters of Local Papers may be allowed to see the judgment? YES
2 interim injunction was finally confirmed by an order dated
13.08.2025. 3. On the said date, besides confirming the initial interim order passed on 13.03.2025, an order was passed reviving order dated 06.06.2025 (Annexure P-7), whereby Police Assistance had been granted in favour of the present respondents/plaintiffs. 4. Heard counsel for the petitioners, perused the impugned order and the documents appended along with the present petition. 5. Subsequent to the passing of ex parte ad interim injunction on 13.03.2025, police assistance had been sought by the respondents/plaintiffs. The same had been granted to the respondents/plaintiffs vide order dated
06.06.2025. 6. In the aforesaid circumstance, CMPMO No.318/2025 was filed by the present petitioner, which was decided on 04.08.2025 (Annexure P-5), in the same it was ordered that the order granting police assistance dated 06.06.2025, shall be kept in abeyance till the time the application under Order 39 Rules1 and 2 CPC, wherein an ex parte ad interim had been granted on 13.03.2025 was finally decided. The said application was finally decided on
3 13.08.2025, and on the said date, ad interim injunction dated 13.03.2025 was confirmed. As a sequel to the same, impugned order dated 13.08.2025 (P-7) has been passed. 7. The order granting police assistance i.e. order dated 06.06.2025 was initially assailed vide CMPMO No.318 of
2025.
The same was decided on 04.08.2025. While disposing of the aforesaid CMPMO (petition under Article 227 of the Constitution of India) the order dated 06.06.2025 granting police assistance was kept in abeyance till an adjudication on the application filed under
Order 39 Rule 1 and 2 CPC, wherein an ex parte interim
order had been passed on 13.03.2025. While disposing of the CMPMO No.318 of 2025 no liberty had been reserved for laying a challenge to order dated 06.06.2025, whereby police assistance had been granted.
8. The application seeking interim protection was finally disposed of vide order dated 13.08.2025. Hence, in view of the judgment dated 04.08.2025 passed in CMPMO No.318 of 2025 passed by a Coordinate Bench of this Court, the
order granting Police Assistance dated 06.06.2025 was revied. Since the right to challenge order dated 06.06.2025 had been given up by the present petitioners, as is evident from the order dated 04.08.2025
4 passed in CMPMO No.318 of 2025, therefore, an attempt to now challenge order dated 06.06.2025 is nothing but an abuse of process of law. Impugned order dated 13.08.2025 (Annexure P-7) is only a consequential order, on account of revival of the order granting police assistance dated 06.06.2025. Hence, the same cannot be faulted with. In view thereof, present petition is dismissed being devoid of merit.
Pending miscellaneous application(s), if any, also stand disposed of.
(Bipin Chander Negi)
Judge
08th September, 2025 (Gaurav Rawat)