IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.541 of 2025 Decided on 18th September, 2025 Shyam Singh Chandel …Petitioner Versus Shri Rakesh Thakur …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. G.D. Verma, Senior Advocate, with Mr. Sumit Sharma, Advocate. For the respondent: Mr. Sameer Thakur, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following relief:- “It is, therefore, respectfully prayed that this petition may kindly be allowed and the impugned order dated 01.08.2025 in CMA No.140 of 2024 as passed by the learned Senior Civil Judge, Theog, District Shimla, H.P., may kindly be modified and the order and the findings as returned by the learned trial Court, 5 whereby the present petitioner has been restrained to pluck the apple fruit from the suit land without seeking the permission of the Hon'ble Court may kindly be quashed and set-aside and he may be permitted to pluck the apple fruit from the suit land being real full owner in possession of the suit property in the interest of justice and fair play.” 2. When this matter was listed yesterday, the following order was passed:- 2 “Respondent stands served. Mr. Bharat Thakur, learned Counsel has appeared vice Mr. Rahul Singh Verma, Advocate for the respondent. Mr. G.D. Verma, learned Senior Counsel submitted that without prejudice to the contentions of the parties, in the light of the order that has been passed by learned Senior Civil Judge, Theog, on 01.08.2025, let the SHO concerned be directed to submit his report to the learned Court below as expeditiously as possible with further direction to the learned Trial Court to pass appropriate orders on the application expeditiously. Learned Counsel for the respondent to have instructions in this regard by tomorrow. List on 18.09.2025.” 3. Having heard learned Senior Counsel for the petitioner and learned counsel for the respondent without expressing any opinion on the merit of the case, this petition is disposed of with the direction that the SHO concerned shall positively submit his report in terms of the order passed by the learned Trial Court by 23.09.2025 on which date, parties shall appear through counsel and thereafter learned Trial Court shall pass appropriate order on the application on the basis of the said report on the next date of hearing which is fixed for the said matter to be 25.09.2025. No adjournment shall be granted to either of the parties. Learned Additional Advocate General who is present in the Court has been called upon by the Court to communicate the order that has been passed by the Court today 3 to SHO Tehog, who shall comply with the direction passed by this Court affirmatively. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge September 18, 2025 (Vinod)