1( 2026:HHC:21063 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.252 of 2026 Date of Decision : 26.05.2026 Kaku & others ...Petitioners Versus Kamla Devi & Ors. ...Respondents Coram: The Hon’ble Mr. Justice Romesh Verma. Judge. Whether approved for reporting?1 For the petitioner : Mr. Uday Singh Banyal, Advocate. For the respondent : Nemo Romesh Verma, Judge(oral The present petition has been filed by the petitioners with a prayer that the Civil Appeal No. 64 of 2024, titled as Kamla Devi & another vs. Kaku & others, which is pending before the learned Additional District Judge, Hamirpur,District Hamirpur, under the provisions of Order 43 Rule 1 read with Section 151 C.P.C alongwith CMP No. 537 of 2024, be decided in a time bound manner. 2. The facts of the case are that the respondents filed a suit for declaration and permanent prohibitory injunction against the present petitioners/defendants 3. Along with the suit, plaintiff preferred an application under Order 39 Rules 1 and 2 C.P.C. As per the 1Whether reporters of Local Papers may be allowed to see the judgment? 2( 2026:HHC:21063 ) case file and as submitted by the learned counsel for the petitioners, application under Order 39 Rule 1 and 2. C.P.C was dismissed on 22.08.2024. 4. Feeling dissatisfied, the plaintiffs/respondents preferred an appeal under Order 43 Rules 1 and 2 C.P.C read with Section 151 C.P.C alongwith an application bearing CMA No. 537of 2024. 5. The petitioners have placed on record the details of the dates, as per Annexure P-3, which reveal that the appeal was listed before the Additional District Judge, Hamirpur on 27.09.2024. On the said date, notice was issued to the present petitioners and in CMA No. 537 of 2024, parties were directed to maintain status quo qua nature and possession of the suit land/property. 6. It is contended by the learned counsel for the petitioners that the only grouse in the present proceedings is that despite passing of more than 1 ½ years, the first appellate Court has not decided the appeal alongwith the application bearing CMA No. 537 of 2024. He further submits that the respondents/plaintiffs are enjoying injunction order, whereby both the parties were directed to maintain status quo qua nature and possession of the suit property. It is stated by the learned counsel for the petitioners that they shall be satisfied in case, directions are issued to the learned 3( 2026:HHC:21063 ) Additional District Judge,Hamirpur to decide the appeal itself in a time bound manner. 7. This Court is of the considered opinion that the prayer as made by the petitioners is innocuous and no prejudice will be caused to either of the parties in case the directions are issued for disposal of appeal pending before the First Appellate Court. 8. Consequently, the instant petition is allowed and the learned Additional District Judge, Hamirpur is directed to decide the Civil Appeal No. 64 of 2024 alongwith CMA No. 537 of 2024 within a period of six weeks from today, positively. 9. It is made clear that the learned Additional District Judge shall hear both the parties in accordance with law and decide the case on its own merit without being uninfluenced by any observations as made by this Court. Pending application(s), if any, also stands disposed of. (Romesh Verma), Judge 26.05.2026 (veena)