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2025 DAILYLAW 4791 (HP)

KARAN SINGH AND ORS v. ANITA DEVI

CMPMO/89/2022 · 2025-09-10

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.89 of 2022 Decided on 10th September, 2025 Karan Singh and others …Petitioners Versus Smt. Antia Devi …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. R.K. Sharma, Senior Advocate, with Ms. Anita Devi, Advocate. For the respondent: Mr. Bhupinder Gupta, Senior Advocate, with Mr. Ajeet Pal Singh, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have assailed the order passed by the learned Appellate Court, in terms whereof, the appeal preferred by the respondent herein against the order passed by the learned Trial Court in an application under Order 39 Rule 1 and 2 of the Civil Procedure Code was allowed. 2. A perusal of the record of this case demonstrates that when this petition was listed on 28.03.2022 the following order was passed:- 2 “Notice returnable on 17.05.2022, on taking steps within two days be issued to the respondent. CMP No.3009 of 2022 Notice in the aforesaid terms. Till the next date of hearing, as prayed, respondent is restrained from alienating, selling, transferring, encumbering or dispossessing the applicants-petitioners from the suit land. Copy dasti on usual terms.” 3. This order is in existence for the last three and a half year. The Court further stands informed that the case is at the stage of recording the evidence of the parties. In this backdrop, this Court is of the considered view that it would be in the interest of justice, in case, these proceedings are closed by directing the parties to maintain status quo as was ordered by this Court on 28.03.2022, but with observation that the learned Trial Court shall make an endeavor to decide the Civil Suit as expeditiously as possible and because the case is stated to be at the stage of evidence, not more than three opportunities shall be granted to either of the parties to lead evidence ordinarily. Ordered accordingly. 3 4. In view of the above, these proceedings are disposed of by directing the parties to maintain status quo qua the suit property with further direction to the learned Trial Court to make an endeavor to decide the suit as expeditiously as possible. Not more than three opportunities shall be granted to either of the parties to lead evidence ordinarily, if either of the parties creates any impediment in the disposal of the Civil Suit, the other party is at liberty to move an appropriate application in these proceedings itself. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge September 10, 2025 (Vinod)