2025:HHC:29465 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 308 of 2019 Decided on : 30.08.2025 Sh. Tikka Ram and another …Petitioners Versus Sh. Khem Raj and others. …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioners : Ms. Seema Kaushal Guleria, Advocate. For the respondents : Mr. Sunil Chauhan, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, filed under Article 227 of the Constitution of India, the petitioners have assailed order 12.03.2019, passed by learned Trial Court in CMA No. 01104/2018 (108-6 of 2018), in Civil Suit No. 249-1 of 2018, in terms whereof, an application filed by the petitioners, under Order XXXIX, Rules 1 and 2 of the Civil Procedure Code (hereinafter referred to as ‘CPC’) was dismissed as well as judgment dated 30.04.2019, passed by learned Appellate Court 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29465 in Civil Misc. Appeal No. 4-S/14 of 2019, in terms whereof, the order passed by the learned Trial Court was not interfered with. 2. A perusal of the record demonstrates that when this case was listed in the High Court on 01.07.2019, this Court directed the parties to maintain status quo qua the nature and possession of the suit property. 3. This Court is of the considered view that as this order is in force from the last six years, it would be in the interest of justice, in case, this petition is disposed of without adjudication on merit, but with the observation that let the Civil Court decide the main suit expeditiously and till then parties to maintain status quo qua nature and possession of the suit property. 4. At this stage, learned counsel for the respondents informs the Court that the matter is at the stage of recording of evidence of the plaintiff and the plaintiff is delaying the recording thereof, taking advantage of this order. 5. Be that as it may, this petition is disposed of with the direction that the parties shall maintain status quo qua the nature and possession of the suit property, till the decision of 3 2025:HHC:29465 the Civil Suit, however, learned Trial Court will ensure that in case more than three opportunities have already been granted to the plaintiffs to lead evidence, then the next opportunity shall be the last opportunity and no further opportunity shall be granted to the plaintiffs to lead evidence. Besides this, even as far as defendants are concerned, ordinarily, not more than three opportunities shall be granted to the defendants to lead evidence and thereafter, the case be decided as expeditiously as possible. 6. Petition is disposed of in above-said terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 30, 2025 (Shivank Thakur)