2025:HHC:23595 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.404 of 2023 Decided on: 21.07.2025 Ajay Kumar … Petitioner Versus Rajesh Kumar & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Munish Datwalia, Advocate. For the respondents : Mr. Neeraj Gupta, Senior Advocate, with Mr. Pranjal Munjal, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:- “It is therefore, prayed that this petition may kindly be allowed and the impugned Judgment Dated 29.4.2023 Passed By The Ld. Additional District Judge Palampur, District Kangra HP Passed In Civil Mis. Appeal No 41 Of 2022 Affirming The Order Dated 22.4.2021 Passed By Ld Civil Judge, Palampur, District Kangra Hp In C.M.A No 360 of 2022 In Civil Suit No 305 Of 2020 Titled As Ajay Kumar Versus Rajesh Kumar, may be order to be quashed and sat aside and stay application of the petitioner may kindly be allowed.” 2. Having heard learned learned counsel for the parties and having perused the impugned order, as this Court does not 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:23595 finds any infirmity therein, more so in the light of the fact that it could not be disputed before this Court that the petitioner himself had raised construction over the joint land without disclosing this fact in the civil suit so filed, these proceedings are disposed of without interfering with the orders passed by learned Courts below, but with the observation that whatever construction has been or shall be carried out by the respondents shall be at their own risk and peril and the same obviously shall be subject to the outcome of the civil suit and they shall not claim any equity for the said act. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 21, 2025 (Rishi)