Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.87 of 2025 Decided on: 27.05.2026 Jitender Nath & another ….Petitioners Versus Praveen Kumar
...Respondent Coram Hon’ble Mr. Justice Romesh Verma, Judge Whether approved for reporting? For the petitioner: Mr.Tara Singh Chauhan, Senior Advocate with Mr. Surya Chauhan, Advocate. For the respondent: Mr. N.K. Thakur, Senior Advocate with Mr. Aman Sood, Advocate. Romesh Verma, Judge
(Oral) The instant petition has been filed by the defendants/petitioners against the impugned judgment dated 22.02.2025, whereby the appeal preferred by the present petitioners was dismissed and the order as passed by learned Senior Civil Judge, Mandi, dated 22.11.2023 was affirmed whereby the application filed by the present respondent/plaintiff under Order 39 Rules 1 and 2 of CPC was allowed by directing the defendants/petitioners not to interfere with the ownership and possession of plaintiff over the suit property and further restrained from creating any charge by raising loan over suit land/property. 2 Further, the petitioners were directed to unlock the dwelling house of the respondent/plaintiff and restore the household domestic articles to the respondent/plaintiff. 2. Feeling dissatisfied, the defendants/petitioners has filed the instant petition under Article 227 of the Constitution of India. 3. During the course of arguments, learned Senior Counsel for the defendants/petitioners contended that he would be satisfied if the present petition is disposed of with direction to the learned trial Court to expedite the trial and take the same to its logical end in a time bound manner. Learned Senior Counsel further submits that until the learned trial Court adjudicates the controversy at hand, the impugned order, which was passed by learned Senior Civil Judge, Mandi, may be kept in abeyance. 4. Faced with this situation, learned Senior Counsel for the respondent, on instructions, submits that if a time bound direction is given to the learned trial Court, the respondent shall not execute the impugned order passed by learned trial court and affirmed by learned first appellate Court. 5. This Court has been informed that the learned trial Court has fixed the matter on 10.08.2026. 3
6. Consequently, this petition is disposed of with direction to learned trial Court to conclude the trial itself within a period of six months from the date of appearance of the respective parties. Till then, the impugned order, which was passed by learned trial Court and affirmed by the first appellate Corut, shall not be given effect.
The parties parties undertake to appear before the learned trial Court on 18.06.2026. 7. Needless to say, unnecessary adjournments for concluding the evidence of the respective parties may be avoided. Since, the learned trial Court has fixed the matter on 10.08.2026, therefore, this Court is preponing the matter for 18.06.2026, on which date, the date of evidence may be rescheduled by learned trial Court. Copy of this order be sent to learned trial Court immediately. 8. Pending application(s), if any, shall also stand disposed of. ( Romesh Verma ) Judge May 27, 2026 (vt)