( 2026:HHC:20990 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No. 198 of 2024 Date of Decision: 29.05.2026 ____________________________________________________ Jagtamba Devi (deceased) through LRs and others thers ...Appellants. Versus Desh Raj ...Respondent. Coram Hon'ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the appellants: Mr. Bhupinder Singh Ahuja, Advocate. For the respondent: Mr. Goldy Kumar, Advocate. _____________________________________________________ Romesh Verma , Judge (oral) The present appeal arises out of the judgment and decree dated 30.09.2023, as passed by the learned Additional District Judge-I, Kangra, H.P., whereby the appeal preferred by the plaintiffs/appellants was dismissed and the judgment and decree as passed by learned Senior Civil Judge, Court No.1, Kangra, H.P., in Civil Suit No. 72 of 2013 dated 29.06.2018, dismissing the suit of the plaintiffs have been affirmed. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2026:HHC:20990 ) 2. The brief facts of the case are that the plaintiff/appellant filed a suit for permanent prohibitory and mandatory injunction against the defendant/respondent. 3. As per the case of the plaintiffs, they are the owners in possession of land bearing Khata No. 74, Khatauni Nos.156, 157, Khasra Nos.283, 284, area measuring 0-2012 Hects, situated at Mohal Chakloo, Mauza Shamirpur, Tehsil and Distt. Kangra, H.P. 4. It is averred that there is a house of the plaintiffs and other co-sharers in Khasra No.284 and there is also a path shown in red line in Aks Shajra Kistwar Bandobast Jadid in Khasra No.285 of Khata No.103 min, Khatauni no.222, area measuring 0-08-38 hects, which is recorded as "Gair Mumkin Abadi" of the parties. It is further averred that the defendant who is clever and strong person, without any right has blocked the path of the plaintiffs and other co-sharers at point 'AB' of the Red Line of the path which starts from the main path situated in Khasra No.285 and touches Khasra No.283 through Khasra No.284 of the plaintiffs and other co-sharers and general public. 3  ( 2026:HHC:20990 ) 5. The said suit was duly contested by the defendant/ respondent. All the averments as made in the plaint were refuted and denied. 6. The learned trial Court framed issues in the matter on 27.07.2013, in the following manner: (1) Whether plaintiff is entitled for the relief of permanent prohibitory injunction as prayed for? OPP (2) Whether plaintiff is entitled for the relief of mandatory injunction as prayed for? OPP. (3) Whether suit is not maintainable in the present form? OPD. (4) Whether plaintiff has got no cause of action and locus standie to file the present suit, as alleged? OPD. (5) Whether plaintiffs are estopped by their own act and conduct to file the present suit as prayed for? OPD. (6) Whether suit is not properly valued for the purpose of Court fee and jurisdiction? OPD. (7) Whether plaintiffs have not come to the Court with clean hands as prayed for? OPD. (8) Whether the suit has not been drafted as per the amended provisions of the C.P.C.? OPD. 4  ( 2026:HHC:20990 ) (9) Relief. 7. The learned trial Court directed the parties to adduce evidence in support of their contentions and after concluding the evidence the learned trial Court vide its judgment and decree dated 29.06.2018 dismissed the suit filed by plaintiffs/appellants. 8. Feeling dissatisfied with the judgment dated 29.06.2018, passed by learned Senior Civil Judge, Court No.1, Kangra, H.P. the defendant preferred an appeal before learned Additional District Judge-I, Kangra at Dharamshala, District Kangra, H.P. on 07.08.2018. Vide its judgment and decree dated 30.09.2023, the learned First Appellate Court dismissed the appeal as filed by the plaintiffs/appellants. 9. After arguing for some time, on instructions, Mr. Bhupinder Singh Ahuja, learned counsel for the appellants seeks permission to withdraw the suit, with liberty to institute a fresh suit in accordance with the law. 10. The appellants/ plaintiffs are permitted to withdraw the Civil Suit with liberty, as prayed for, and if any, 5  ( 2026:HHC:20990 ) fresh Civil Suit is filed by the plaintiffs/appellants, the same shall be decided by learned Trial Court strictly in accordance with law after affording an opportunity to the respective parties to place their claim and evidence on record. 11. In view of above, the judgments and decrees, as passed by the learned courts below, lose its efficacy and the plaintiffs/appellants are permitted to withdraw the suit and the present appeal. 12. Consequently, the present appeal stands disposed of, in the aforesaid terms, so also, the pending miscellaneous application(s) if any. Record Records be sent back henceforth. (Romesh Verma) Judge May 29, 2026 (Nisha)