Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMP No. 26439 of 2024 in Civil
Revision No.78 of 2013
Decided on : 25.04.2025
Sh. Manu Shah
.…Applicant/Petitioner
Versus
Surinder Kumar Vij
…Non-applicant/Respondent
Coram
The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1
For the applicant. : Mr. G.D. Verma, Sr. Advocate,
with Mr. Sumit Sharma,
Advocate.
For the respondent
: Nemo.
Satyen Vaidya, Judge (Oral)
By way of this application, a prayer has been made to set-aside order of eviction dated 30.09.2010, passed by learned Rent Controller, Court No. 2, Shimla, in Rent Petition No. 47/2 of 2008 and affirmed by learned Appellate Authority, Fast Track Court,
1 Whether reporters of the local papers may be allowed to see the judgment?
2
Shimla, vide judgment dated 19.01.2013, in Rent Appeal No. 42-S/14 of 2010, on the basis of compromise which is alleged to have been entered into between the parties i.e. petitioner and respondent herein.
2.
It is averred in the application that during the pendency of this revision petition, the subject matter of the dispute has been amicably settled between the parties and the respondent/landlord is no more interested to press for eviction of the petitioner/tenant.
3.
The application is supported by affidavits of both the parties.
4.
On 04.04.2025, the following order was passed:-
“The petitioner has not been able to produce the respondent for verification of the contents of CMP No. 26439 of 2024.
Since the petitioner has set up a plea that the matter stands compromised with the respondent and the petition can be decided on its basis, it will be expedient in the interest of justice in case the respondent is heard in the application. Let, dasti notice be issued to the respondent, returnable for 25.4.2025, on steps being taken within two days.
List on 25.4.2025.”
3
5.
Notice was served upon the respondent and he has preferred not to enter appearance or to deny the averments made in the application.
6.
Accordingly, the application and Civil Revision are allowed. The judgment dated 19.01.2013, passed by learned Appellate Authority, Fast Track Court, Shimla, in Rent Appeal No. 42-S/2014 of 2010 and the eviction
order dated 30.09.2010, passed by learned Rent Controller, Court No. 2, Shimla, in Rent Petition No. 47/2 of 2008, are set aside.
7.
The application and revision petition, are accordingly,
disposed of, so also the pending miscellaneous application(s) if any,
(Satyen Vaidya) 25th April, 2025
Judge (sushma)