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2025 DAILYLAW 4904 (HP)

BALBEER GAUTAM v. YUDHBEER GAUTAM AND OTHERS

CMPMO/20/2023 · 2025-09-18

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:32501 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 20 of 2023 Decided on : 18.09.2025 Sh. Balbeer Gautam …Petitioner Versus Sh. Yudhbeer Gautam and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Bunesh Pal, Advocate. For the respondents : Mr. H.C. Sharma, Advocate, for respondent No.1. Respondent No.2 & 3 already exparte. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has assailed order dated 16.11.2022, passed by learned Senior Civil Judge, Rampur, District Shimla, H.P, in CMA No.162 of 2022, in CMA No. 162 of 2022, in Civil Suit No. 19-1 of 2022, titled Balbeer Gautam Vs. Yudhbeer Gautam & Ors., in terms whereof, an application filed by the petitioner under Section 151 of the Civil Procedure Code (hereinafter referred to as ‘CPC’), for grant of 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:32501 police assistance to implement the status quo order dated 18.05.2022, was dismissed. 2. A perusal of the record of this case demonstrates that when this petitioner approached this Court, no interim was granted in favour of the petitioner. In light of this fact, this Court is of the considered view that the present petition with the passage of time has lost its efficacy and same is accordingly closed, but with the observation that if subsequently circumstances so arise, the petitioner may approach the learned Trial Court afresh seeking police assistance and if any such application is filed, then learned Trial Court shall pass appropriate order thereupon after hearing all the parties, without being influenced by the earlier order passed by it on 16.11.2022. 3. The petition is disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 18, 2025 (Shivank Thakur)