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2025 DAILYLAW 34747 (HP)

MANORMA DUTT v. ASHWANI AND ORS

CMPMO/721/2025 · 2025-12-29

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:45640 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 721 of 2025 Decided on: 29.12.2025 Manorama Dutt … Petitioner Versus Shri Ashwani and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. Nitin Soni, Advocate. For the respondents : Mr. Somesh Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) Learned Counsel for the petitioner submits that now the application filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure stands decided by the learned Trial Court. 2. In light of this fact, these proceedings are closed. Pending miscellaneous application(s), if any also stand disposed of accordingly. 3. This Court has also perused the response which has been filed by learned Senior Civil Judge, Court No. (2), Dehra. All that this Court can observe to the response of learned Senior Civil Judge is that it is the duty of the Court to decide the application filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure expeditiously and it is not for the parties to pray to the Courts to 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:45640 decide the application expeditiously, as is suggested by learned Judge in the response. The Courts have to be sensitive to the issues which are pending before them and it is to be appreciated that delay in adjudication of an application filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure, either way, frustrates the very cause for which the application has been filed. The Court expects the Officer to be more careful in such matters in future. (Ajay Mohan Goel) Judge December 29, 2025 (narender)