Extracted from the PDF above. The PDF is authoritative.
2025:HHC:38713
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 273 of 2023
Decided on: 17.11.2025 Ashwani Sharma
… Petitioner
Versus
Madho Prashad
… Respondent
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. Subhash Sharma, Senior
Advocate with Mr. H.R. Thakur,
Advocate.
For the respondent : Mr. Sanjeev Kumar Suri, Advocate.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has assailed the order passed by the learned Trial Court, in terms whereof, an application filed under Order 9, Rule 7 of the Code of Civil Procedure, praying for setting aside of ex parte order dated 09.11.2020, has been dismissed.
2.
Having heard learned Senior Counsel for the petitioner as well as learned Counsel for the respondent, this Court is of the considered view that in light of the fact that the main petition that has been filed under Order 39, Rule 2-A of the Code of Civil Procedure, is fixed for arguments before the learned Court below, interest of justice would be served, in case, the present petitioner is
1 Whether reporters of the local papers may be allowed to see the judgment?
2 2025:HHC:38713
allowed to join the proceedings from the present stage to put forth his case before the learned Trial Court. However, the liberty so granted to the petitioner shall not confer any additional right upon him and he will have to make submissions on the basis of material on record. Ordered accordingly. This petition is disposed of by modifying order dated 05.12.2022, by permitting him to join the proceedings, with direction to the learned Trial Court to dispose of the case expeditiously.
Parties through Counsel are directed to appear before learned Trial court on 01.12.2025. Interim order dated 02.06.2023 stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge November 17, 2025 (narender)