KUMARI KIRAN AND ORS v. MATA BHADAR KALI HINDU GODDESS AND ORS
CMPMO/116/2022 · 2025-09-05
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8346 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8346 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:30301
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 116 of 2022
Decided on: 05.09.2025 Kumari Kiran and others
… Petitioners
Versus
Mata Bhadar Kali Hindu Goddess and others …… Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioners : Mr. Rakesh Manta, Advocate. For the respondents : Mr. Varun Rana, Advocate for
respondents No. 1 and 2. : Mr. Hemant Thakur, Advocate for
respondent No. 5. Ajay Mohan Goel, Judge (Oral)
By way of this petition filed under Article 227 of the Constitution of India, the petitioners have approached this Court feeling aggrieved by the order passed by the learned Trial Court in an application filed by the respondents herein under Order 39, Rules 1 and 2 of the Code of Civil Procedure, wherein the present petitioners were restrained from raising any construction over the suit land/property as well as the judgment passed by learned Appellate Court, in terms whereof, the appeal filed by the present petitioners against the order passed by learned Trial Court was dismissed. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:30301
2. I have heard learned Counsel for the parties and also carefully gone through the order and judgment under challenge. 3. The impugned order was passed by the learned Trial Court on 09.11.2020 and the judgment was passed by learned Appellate Court on 25.11.2021. A perusal of the record of the case demonstrates that no stay of the order/judgment has been passed by this Court. Meaning thereby that the order passed by the learned Trial Court in the year 2020 is still in force. Under these circumstances, this Court sees no reason to interfere with the order/judgment under challenge. 4. At this stage, learned Counsel for the petitioners submits that the progress in the suit is very slow and the case is at the stage of framing of Issues. He prays that the learned Trial Court be directed to expeditiously decide the suit. As prayed, this petition is disposed of without interfering with the order/judgment under challenge but with the observation that learned Trial Court shall make an endeavour to dispose of the civil suit as expeditiously as possible. No unnecessary adjournments shall be granted to either of the parties.
Let the Issues, if not already framed, be framed immediately and thereafter, no more than three opportunities shall be granted to either of the parties to lead evidence and the learned Trial Court shall make a serious endeavour to decide the civil suit as
3 2025:HHC:30301
expeditiously as possible. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel)
Judge September 05, 2025 (narender)