IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.743 of 2024 Decided on 01st December 2025 Ram Kumar …Petitioner Versus Des Raj and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Rajesh Mandhotra, Advocate. For the respondents: Respondent No.1 is ex parte. Mr. Prashant Sharma, Advocate, for respondents No.2 to 5. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following relief:- “It is, therefore, most respectfully prayed that this petition may very kindly be allowed and the order dated 31.08.2024, CMA No.795/2024, in Civil Suit No.160 of 2017 passed by the learned Senior Civil Judge, Dehra, District Kangra, H.P., whereby application under Order 39 Rule 7 read with Section 151 CPC has been dismissed with the prayer to accept the petition and quash and set aside the impugned order dated 31.08.2024 and allow the application of the petitioner as prayed and justice be done.” 2 2. In terms of the impugned order, the application filed by the petitioner under Order 39 Rule 7 of the Civil Procedure Code has been dismissed. 3. Having heard learned counsel for the parties, this Court is of the considered view that there is no infirmity in the order in light of the prayer that was made in the application. 4. The contention of Mr. Rajesh Mandhotra, learned counsel is that despite an interim being in favour of the petitioner, the respondents are interfering and not permitting the petitioner to plough the land. 5. This Court is of the considered view that the petitioner has appropriate remedy if the order passed by the learned Court in his favour under Order 39 Rule 1 and 2 of the Code of Civil Procedure is being disobeyed. However, the same does not entail indulgence under Order 39 Rule 7 of the Civil Procedure Code, which provision is intended for a different purpose. 6. Accordingly, in light of the above observations, this petition is disposed of, but, as prayed for with liberty to the petitioner to invoke the appropriate provision and remedy for 3 the enforcement of the order passed in favour of the petitioner passed by the learned Trial Court. (Ajay Mohan Goel) Judge December 01, 2025 (Vinod)