Extracted from the PDF above. The PDF is authoritative.
2025:HHC:29750
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 65 of 2022
Decided on: 02.09.2025 Kanta Devi
… Petitioner
Versus
Sh. Tek Chand and others
… Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. Hoshiar Singh Rangra, Advocate.
For the respondents : M/s G.R. Palsra and Lokesh Thakur,
Advocates.
Ajay Mohan Goel, Judge (Oral)
By way of this petition filed under Article 227 of the Constitution of India, the petitioner has assailed orders passed by the learned Trial Court as well as learned Appellate Court, in terms whereof, an application filed by the petitioner under Order 39, Rules 1 and 2 of the Code of Civil Procedure was dismissed by the learned Trial Court and so was the fate of the appeal filed against said order.
2.
Learned Counsel for the petitioner in the course of his
submissions has referred to order passed by this Court on 31.03.2022 and has prayed that it would serve the interest of justice, in case, the parties are directed to maintain status quo qua nature of the suit land and further are directed not to align the same or create any charge thereupon.
1 Whether reporters of the local papers may be allowed to see the judgment?
2
2025:HHC:29750
3.
Learned Counsel for the respondents on the other hand has submitted that as it was just an interim order and as there is no infirmity in the orders under challenge, the present proceedings be dismissed.
4.
This Court is of the considered view that as the order that was passed by this Court on 31.03.2022 is in force for the last more than 3 ½ years and further the Court stands informed that the civil suit is at the stage of recording the evidence of the parties, it would be in the interest of justice, in case, these proceedings are closed with the observation that the parties shall maintain status quo qua the nature of the suit and none will align or create any charge thereupon, with further direction to the learned Trial Court to decide the civil suit as expeditiously as possible by not granting more than three opportunities to either of the parties to lead evidence. Ordered accordingly.
5.
These proceedings are closed by directing the parties to maintain status quo qua the nature of the suit land and they shall not align the same or create any charge thereupon. Learned Trial Court shall make an endeavour to decide the civil suit as expeditiously as possible. For the purpose of evidence, no party shall be given more than three opportunities. In case, there is any undue delay in the adjudication of the case, either of the parties may approach this Court for modification of this order. Pending
3
2025:HHC:29750 miscellaneous application(s), if any, also stand disposed of accordingly.
(Ajay Mohan Goel)
Judge September 02, 2025 (narender)