Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:17613 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No.4001 of 2013
Date of decision: 4th June, 2025 Radha Khanna …Petitioner Versus DAV College Managing Committee & another …Respondents Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting? For the Petitioner: Mr. Aman Sood, Advocate.
For the Respondents: Mr. Vijay Chaudhary, Advocate. Vivek Singh Thakur, Judge This petition has been filed against order dated 28th February, 2013 passed by the Civil Judge, Junior Division, Court No.5, Shimla in Case No 12-10 of 2009 titled Radha Khanna vs. DAV College Managing Committee and another, whereby application preferred by petitioner/Decree Holder against Judgment Debtor under
Order 21 Rule 32 CPC has been dismissed. 2
Learned counsel for petitioner, under instructions, submits that he has instructions to pray to allow the petitioner/Decree Holder to withdraw the application/ Case No 12-10 of 2009 titled Radha Khanna vs. DAV College Managing Committee and another filed by Decree Holder before the Civil Judge, Junior Division, Court No.5, Shimla H.P. with
( 2025:HHC:17613 ) liberty to file afresh and/or to approach the appropriate Forum as permissible to the Decree Holder under law. 3 No objection has been communicated for allowing the request, but reserving the liberty subject to all just and legal exceptions. 4 In view of above, petitioner is allowed to withdraw the application/ Case No 12-10 of 2009 titled Radha Khanna vs. DAV College Managing Committee and another filed by her before the Civil Judge, Junior Division, Court No.5, Shimla with liberty to avail appropriate remedy as available under law but subject to all just and legal exceptions to be raised by Judgment Debtor, if any available under law. 5 Consequently, order dated 28.02.2013 is set aside and application/ Case No 12-10 of 2009 titled Radha Khanna vs. DAV College Managing Committee and another is disposed of being dismissed as withdrawn with liberty in aforesaid terms. The Civil Revision Petition is also disposed of in aforesaid terms.
(Vivek Singh Thakur),
Judge.
4th June, 2025(MS) 2