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2025 DAILYLAW 26097 (HP)

SURJEET SINGH v. AMAR SINGH AND OTHERS

CMPMO/691/2024 · 2025-09-17

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.691 of 2024 Decided on 17th September, 2025 Sh. Surjeet Singh …Petitioner Versus Amar Singh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Sumeet Raj Sharma, Advocate. For the respondents: Mr. G.R. Palsra, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following relief:- “The 01.10.2024 Annexure P-1 passed by Learned District Judge, Mandi Division Mandi, H.P. in Civil Misc. Appeal No. 17 of 2024 titled as Amar Singh Versus Surjeet Singh may kindly be ordered to be set aside and order of stay passed by Ld. Senior Civil Judge Mandi Dated 20.05.2024 in CMA No. 988/2021 titled as Surjeet Singh Versus Jaswant Singh in application under Order 39 Rule 1 and 2 C.P.C. may kindly be restored.” 2. Heard learned counsel for the parties. Impugned order also stands perused. Learned counsel for the petitioner submits that the petitioner at this stage will be satisfied in case 2 the order passed by the learned Appellate Court is modified to the extent that it be observed that the respondents shall not alienate or create any charge upon the suit land. 3. On the other hand, Mr. G.R. Palsra, learned counsel for the respondents submits that as the petitioner is indulging in exchange and sale of the suit property, he be also restrained from alienating or creating any charge upon the suit land. 4. In the light of the respective submissions of the learned counsel for the parties, this petition is disposed of by modifying the order passed by the learned Appellate Court to the extent that the petitioner herein as well as the respondents shall not alienate or create any charge upon the suit land without the leave of the learned Trial Court. Parties through counsel are directed to appear before the learned Trial Court on 15.10.2025. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge September 17, 2025 (Vinod)