2025:HHC:25453 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 164 of 2024 Decided on : 31.07.2025 Ravi Dutt and others. …Petitioners Versus Kamla Devi and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : Mr. Ashok Kumar Tyagi, Advocate. For the respondents : Mr. Chander Shekhar Thakur, Advocate, for respondents No.1 to 4. Mr. Rajpal Thakur, Additional Advocate General, for respondents No.5 & 6. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioners have, inter alia, prayed for the following relief:- “That order dated 16.03.2024 passed by the learned Civil Judge, Rajgarh, Camp at Sarahan, District Sirmaur, H.P., passed in CMA No. 146/2023(69/6 of 2023), titled as Kamla Devi & 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:25453 Others versus Bhagati Devi & others in application under Section 151 CPC may kindly be set-aside and Ld. Trial court may kindly directed to decide the application under order 39 rule 1 and 2 CPC on merit within time bound manner in the interest of justice.” 2. The petitioner has approached this Court, feeling aggrieved by the order dated 16.03.2024, passed by the learned Trial Court, in terms whereof, on an application filed by the respondents herein, police assistance was granted to the respondents, qua the implementation of the ad-interim order passed by the learned Trial Court, in favour of the respondents, who happens to be the plaintiff before the learned Trial Court. 3. A perusal of the order sheets demonstrate that when this petition was listed before this Court on 28.04.2024, this Court stayed the operation of the impugned order dated 16.03.2024. As it has been submitted before this Court that the pleadings in the application filed under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure are complete and further an application has been filed under Order XXXIX, Rule 4 of the Code of Civil Procedure by the petitioners for vacation of 3 2025:HHC:25453 interim order, this petition is disposed of with the direction that let a final call be taken by the learned Trial Court on the application filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, by the plaintiffs therein, along-with the application filed under Order XXXIX, Rule 4 of the Code of Civil Procedure, by the defendants therein. Order dated 16.03.2024, passed by the learned Trial Court shall remain in abeyance till the decision of the applications filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure and under Order XXXIX, Rule 4 of the Code of Civil Procedure. 4. In case, the learned Trial Court decide the application filed under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure, in favour of the plaintiffs therein, then the order dated 16.03.2024, shall also stand revived forthwith. Parties are directed to appear through learned counsel before the learned Trial Court on 18.08.2025. Learned Trial Court shall make an endeavour to decide the applications filed under Order XXXIX, Rule 1 and 2 of the Code of Civil Procedure and Order XXXIX, Rule 4 of the Code of Civil Procedure, preferably before 30.09.2025. 4 2025:HHC:25453 5. With these observations, this petition is disposed of, and also pending miscellaneous application(s), if any. (Ajay Mohan Goel) Judge July 31, 2025 (Shivank Thakur)