2025:HHC:28355 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.154 of 2018 Decided on: 21.08.2025 Ram Lal & another … Petitioners Versus Smt. Sarjani Devi … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioners : Mr. G.D. Verma, Senior Advocate, with Mr. Sumit Sharma, Advocate. For the respondent : Mr. Virender Singh Rathore, Advocate. Ajay Mohan Goel, Judge (Oral) When this case was taken up for consideration today, learned Senior Counsel appearing for the petitioners submitted that though the order under challenge is erroneous, but interest of justice would be served in case this petition is disposed of with the observation that the learned Trial Court may proceed with recording the evidence of the parties and in case situation so arises that a party again approaches the Court under the provisions of Order 26, Rule 9 of the Civil Procedure Code, then appropriate orders be passed thereupon. 2. In light of the submissions so made by learned Senior Counsel for the petitioners, this petition is disposed of without 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:28355 interfering with the order passed by the learned Court below, but with the observation that in the course of recording of the statements, if either of the parties approaches the Court under Order 26, Rule 9 of the Civil Procedure Code, then let the application be decided in accordance with law in light of the facts and circumstances in which the application is filed. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. The parties through Counsel are directed to appear before concerned learned Trial Court on 22.09.2025. (Ajay Mohan Goel) Judge August 21, 2025 (Rishi)