Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.757 of 2025 Date of Decision: 20.12.2025 _____________________________________________________________________ Raj Pal & Anr. ……...Petitioners Versus Saroj Sharma & Ors. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate. For the respondents: Mr. Rajesh Kashyap, Advocate, for respondents No.2 & 3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of instant petition, very innocuous prayer has been made by the petitioners to issue direction to the learned Senior Civil Judge, Court No.1, Amb, District Una, Himachal Pradesh, to decide their pending application filed under Order VII Rule 11 CPC, praying therein for rejection of plaint. 2. It has been averred in the petition that afore application is pending since 16.03.2023, but till date no reply to the same has been filed by the opposite party, as a result thereof, the same has not been decided. 3. Mr. Rajesh Kashyap, Advocate, has put in appearance on behalf of respondents No.2 & 3. He states that he shall have no objection in case direction, as sought, is issued to the competent authority for expeditious disposal of the application. 4. Having regard to the nature of prayer and order proposed to be passed in the instant proceedings, this Court sees no necessity to issue notice to respondent No.1, who otherwise in any eventuality would be given opportunity of being heard by the learned Senior Civil Judge, Court No.1, Amb, District Una, Himachal Pradesh, while deciding the application filed under Order VII Rule 11 CPC in terms of instant order. 5. Consequently, in view of the above, this Court, without going into the merits of the case, deems it fit to dispose of the present petition with a direction to the learned Senior Civil Judge, Court No.1, Amb, District Una, Himachal Pradesh to ensure that application filed under Order VII Rule 11 CPC (Annexure P-1), if not already decided, is decided expeditiously, preferably within six weeks from today.
Though learned Senior Civil Judge, Court No.1, Amb, District Una, Himachal Pradesh, has fixed the matter on 30.06.2026, but for the implementation of order at hand, it may be necessary to prepone the date to avoid any further delay and for this reason, this Court deems it fit to call upon petitioners to put in appearance before the learned 2
Senior Civil Judge, Court No.1, Amb, District Una, Himachal Pradesh on 12.01.2026, enabling it to issue notice to the other party on the application seeking preponement of the date. Ordered accordingly. Pending application(s), if any, stand disposed of. December 20, 2025 (Sandeep Sharma), (sunil)
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