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2026 DAILYLAW 12001 (HP)

ACHHAR SINGH (SINCE DECEASED THROUGH LRs SAROJ DEVI AND OTHERS) v. GURVINDER SINGH AND ANOTHER

CMPMO/294/2026 · 2026-06-16

Romesh Verma

body2026

Judgment text

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2026:HHC:22520 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 294 of 2026 Date of decision : 16.06.2026. Achhar Singh (deceased) through LRs. ...Petitioners. Versus Gurvinder Singh & others ...Respondents. Coram: The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioners : Mr. Karan Singh Kanwar, Advocate. For the respondents : Nemo Romesh Verma, Judge (Oral): The instant petition has been filed against the order as passed by the learned Senior Civil Judge, Paonta Sahib, District Sirmour, dated 23.03.2026, whereby the evidence of the plaintiffs with respect to additional issue No. 2-A, has been closed. 2. The facts of the case are that the present petitioners/plaintiffs have filed the suit for grant of decree of declaration to the effect that they are owners in possession of the land comprised in khata-khatoni No. 48/88 min, bearing khasra No. 114, measuring 1-19 bighas, situated in Mauza Kishanpura, Tehsil Paonta Sahib, District Sirmaur, H.P. and 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- further prayed that sale deed dated 24.05.2008 with respect to land is null and void being fraudulent, without consideration and unconscionable transaction. The suit is still pending in the Court of learned Senior Civil Judge, Paonta Sahib, District Sirmour, H.P. 3. The defendants/respondents filed amended written statement to the suit as preferred by the petitioners/plaintiffs. 4. The learned trial Court thereafter, framed the issues in the matter. Thereafter, on the basis of amended plaint, on 17.06.2017, the learned trial Court framed additional Issue No. 2-A and directed the respective parties to adduce evidence in support of their contentions with respect to additional Issue No.2-A. 5. Though, various opportunities were granted to the petitioners/plaintiffs, which are revealed from the case file, and learned trial Court vide impugned order dated 23.03.2026 ordered for closure of the evidence of the plaintiffs/petitioners to lead their evidence on additional Issue No.2-A. Therefore, this Court is of the considered opinion that there is no illegality and infirmity in the order. However, in the interest of justice and as a matter of indulgence and without going into the merits of the case, one last and final opportunity is granted to the petitioners/plaintiffs to lead and conclude their evidence on a -3- date to be fixed by the learned trial Court. However, the indulgence is shown to the petitioners/plaintiffs subject to costs of Rs. 10,000/- to be paid to the respondents on the next date of hearing to be fixed by the learned trial Court. 6. It is made clear that in case the petitioners/ plaintiffs failed to lead and conclude the evidence in one date to be fixed by the learned trial Court, the benefit of this order shall not be applicable to the petitioners/plaintiffs. 7. With the above observations, the present petition is disposed of. Pending applications, if any, also stand disposed of. (Romesh Verma) Judge 16th June, 2026. (kck)