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High Court of Himachal Pradesh · body

2025 DAILYLAW 30280 (HP)

YUGAL KISHORE SHARMA AND OTHERS v. SUKH RAJ SINGH AND ANOTHER

CMPMO/752/2025 · 2025-12-17

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.752 of 2025 Decided on 17th December 2025 Yugal Kishore Sharma and others …Petitioners Versus Shri Sukh Raj Singh and another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. Rajneesh Maniktala, Senior Advocate, with Ms. Bhushree Jain, Advocate. For the respondents: Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following relief:- “The orders dated 01.12.2025 and 10.12.2025 (Annexure P-6) passed by the learned Motor Accidents Claim Tribunal Palampur Directing that in case a transfer application was not filed, the execution petition shall be deemed to be dismissed, may be quashed and set aside.” 2. The last order that has been passed by the learned Tribunal in the execution proceedings reads as under:- 2 “No application filed. One exceptional opportunity is granted to comply with the previous order, otherwise it shall be treated as dismissed for want of prosecution, being targeted case, as now fixed for 18.12.2025. 3. Having heard learned Senior Counsel for the petitioners and having gone through the award as well as the orders appended with the petition, this Court does not finds any illegality in the order that has been passed by the learned Executing Court including order dated 10.12.2025. However, in the interest of justice, this petition is disposed of with the direction that the learned Executing Court shall give at least three weeks more time by way of one more indulgence to the present petitioner to move an appropriate application for the transfer of the execution petition. In case, needful is not done by the petitioner within the said time, then, the learned Executing Court may proceed with the matter in accordance with law, in terms of the observations made by it in its order dated 10.12.2025. (Ajay Mohan Goel) Judge December 17, 2025 (Vinod)