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2026 DAILYLAW 20683 (HP)

VEENA GUPTA AND ANOTHER v. RAJIV GUPTA

CMPMO/446/2026 · 2026-08-24

Virender Singh

body2026

Judgment text

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1 ( 2026:HHC:35843 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.446 of 2026 Date of Decision: 24.08.2026 Veena Gupta & Anr. …Petitioners Versus Rajiv Gupta …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioners : Mr. Y.P. Sood and Mr. Praveen Chauhan, Advocates. For the Respondent: Mr. Neeraj Gupta, Senior Advocate, with Mr. Ajeet Pal Singh Jaswal, Advocate. __________________________________________________________ Virender Singh, Judge (Oral) With the consent of the parties, present petition is disposed of, by setting aside the order dated 22.07.2026, by virtue of which, the Court of learned Civil Judge, Court No.5, Shimla, has closed the right of the defendants to cross examine the plaintiff, who as per order dated 22.07.2026 was very much present in the Court. 2. In such situation, the learned trial Court, while, dismissing the application for adjournment, ought to have given opportunity to cross examine the defendants, on the same day, as the plaintiff was present on that day. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2026:HHC:35843 ) 3. Consequently, the present petition is allowed and order dated 22.07.2026, is set-aside. The plaintiff is directed to be appear before the learned trial Court, on 14.09.2026 at 10:00 AM. On that day, the cross examination of plaintiff be done positively, without adjourning the matter to some other day. Thereafter, the matter be listed for DWs. List of witnesses be filed within a period of seven days from the date, when, the lis is listed for DWs. 4. Considering the fact, that the lis is pending from the year 2020, it is expected from the learned trial Court to decide the matter within a period of six months from today. 5. Consequently, the present petition disposed of accordingly. 6. Pending application(s), if any, also stand(s) disposed of. (Virender Singh) Judge August 24, 2026 (subhash)