Extracted from the PDF above. The PDF is authoritative.
2026:HHC:27974
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CR No. 29 of 2025
Date of decision: 09.07.2026. Kamla Devi
...Petitioner.
Versus Ishwar Das & others
...Respondents.
Coram: The Hon’ble Mr. Justice Romesh Verma, Judge.
Whether approved for reporting?1 For the petitioner : Mr. Surinder Kumar Saklani, Advocate.
For the respondents : Mr. Manohar Lal Sharma, Advocate.
Mr. Ashok K. Tyagi, Advocate, as Amicus Curiae.
Romesh Verma, Judge (Oral):
The instant petition has been filed by the petitioner/ decree-holder against the order as passed by the learned Civil Judge (Jr. Division), Palampur, District Kangra, H.P. dated 24.12.2024, whereby the execution petition, as preferred by the petitioner/decree holder was dismissed.
2.
The facts as emerge in the present case are that the petitioner/decree-holder filed a suit for possession and admittedly, the suit came to be decreed on 27.03.2012.
1 Whether reporters of Local Papers may be allowed to see the
judgment?
-2-
Thereafter, the respondents/JDs filed an appeal before the learned Appellate Court, came to be dismissed on 22.02.2013.
3.
It is the case of the petitioner/decree-holder that she had filed the execution petition for executing the decree of possession passed in her favour on 27.03.2012. However, the learned Executing Court dismissed the execution petition.
4.
After arguing for some time, learned counsel for the petitioner/decree-holder seeks permission to withdraw the execution petition itself with liberty to file afresh, in accordance with law. He further submits that the benefit of Section 14 of the Limitation Act be also granted to the petitioner/decree- holder.
5.
Accordingly, the instant petition is dismissed as withdrawn with liberty as aforesaid after granting the benefit of Section 14 of the Limitation Act, strictly in accordance with law. Pending applications, if any, also stand disposed of.
(Romesh Verma)
Judge 9th July, 2026. (kck)