Extracted from the PDF above. The PDF is authoritative.
2026:HHC:34791 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO
No. :
258 of 2026 Decided on : 18.08.2026 Gurjit Kumar Gaba …Petitioner Versus Rajesh Kumar & Others …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Gurinder Singh Parmar, Advocate. For the respondents : Mr. Sanjeev K. Suri, Advocate, for respondent No.1. Ms. Narvada Kashyap, Advocate for respondent No.2. None for respondent No.3. Virender Singh, Judge (Oral) After hearing learned counsel for the parties, this Court is of the view that the matter is required to be remanded back to the learned trial Court, as, the learned trial Court, without deciding the application, under Order 39 Rules 1 and 2 CPC, has proceeded to decide the application, filed 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:34791 under Section 151 of the CPC, for providing exparte police assistance to protect the status quo order dated 20.05.2025.
2. Admittedly, pleadings, in the main suit, as well as, in the application, under Order 39 Rules 1 and 2 CPC, have not been completed.
3. In such situation, the present petition is allowed and the order dated 20.05.2026, passed in the application, under Section 151 CPC, is ordered to be set aside. The parties to the lis are directed to appear before the learned trial Court on 21st August, 2026, at 10.00 a.m.
4. It is clarified that after putting appearance, before the learned trial Court, the petitioner before this Court, who has been arrayed, as, defendant No.2, in the main suit, is
directed to file written statement to the main suit/reply to the application, under Order 39 Rules 1 and 2 CPC, as well as, reply to the application, under Section 151 CPC, within a period of seven days.
5. It is also clarified that after completion of the pleadings, the learned trial Court will decide the application, under Order 39 Rules 1 and 2 CPC, within two weeks. After
3 2026:HHC:34791 deciding the application, under Order 39 Rules 1 and 2 CPC. the learned trial Court will decide the application, under Section 151 CPC. Pending application(s), if any, shall also stand
disposed of.
( Virender Singh ) August 18, 2026( ps ) Judge