2025:HHC:29882 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 99 of 2022 Decided on: 02.09.2025 Municipal Corporation, Shimla … Petitioner Versus Shiksha Nanda and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. Mukul Sood, Advocate. For the respondents : Ms. Meera Devi, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs:- “It is, therefore, most respectfully prayed that this petition may kindly be allowed and order dated 23.12.2021 passed by the Ld. Additional District Judge II, Shimla in CMA No. 8- S/14 of 2021, titled as M C Shimla Versus Shiksha Nanda and others, may kindly be set aside, in the interest of justice.” 2. The petitioner is aggrieved by the order passed by the learned Trial Court in an application filed alongwith the civil suit filed by the respondents herein under Order 39, Rules 1 and 2 of the Code of Civil Procedure, in terms whereof, the present petitioner has 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29882 been directed to maintain status qua the nature, possession and construction over the suit land till the disposal of the main suit as well as the judgment passed by the learned Appellate Court in the appeal preferred by the present petitioner under Order 43, Rule 1 of the Code of Civil Procedure, in terms whereof, the order passed by the learned Trial Court has been upheld by the learned Appellate Court. Effect of these orders is that the Corporation cannot go ahead with the working of constructing stairs on the suit land. 3. Having heard learned Counsel for the parties and carefully gone through the orders under challenge, this Court is of the considered view that in the peculiar facts of this case, orders under challenge call for no interference. It is apparent and evident that the opposition of the plaintiffs to the stairs being constructed by the petitioner-Corporation is for the reason that according to them, the path upon which the stairs are being constructed is a public path, which stands encroached upon by nearby residents and in case, said encroachments are removed, then said path can be used as an ambulance road. Because this is an issue which is to be adjudicated by the learned Trial Court, if in the interregnum, the stairs are allowed to be constructed on this portion of the land, then the very purpose of filing of the civil suit will be frustrated. 4. Therefore, as this Court does not find any perversity in the impugned orders, this petition is dismissed without interfering 3 2025:HHC:29882 with the impugned orders but with the observation that the learned Trial Court shall make an endeavour to decide the civil suit as expeditiously as possible. It is clarified that the observations made in this order are only for the adjudication of this lis only and the issue raised in the civil suit before the learned Trial Court shall be decided without being influenced by any observation made by this Court. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 02, 2025 (narender)