1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 572 of 2026 Decided on: 28.9.2026 Rajesh Kumar & anr. … Petitioners Versus Shamsher Singh Thakur & ors. …Respondents _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioners: Mr. P.S. Goverdhan, Senior Advocate, assisted by Mr. Rakesh Thakur, Advocate. For the Respondents : Mr. Rajinder Singh Thakur, Advocate, for respondent No. 4. Kanwar Virender Singh, Advocate, for respondent No. 5. Virender Singh, Judge (oral) Notice. Mr. Mr. Rajinder Singh Thakur, Advocate and Kanwar Virender Singh, Advocate appear and waive service of notice, on behalf of respondents No. 4 and 5, respectively. 2. The petitioners have challenged the order dated 9.7.2026, passed by the learned District Judge, Sirmaur 2 at Nahan, in Civil Suit No. 86/1 of 2018, titled as, ‘Rajesh Kumar & anr. versus Shamsher Singh & others’. 3. By way of aforesaid order, the above-titled suit was taken out from the files of learned Civil Judge, Rajgarh, District Sirmour, H.P., and the same is transferred to the Court of learned Senior Civil Judge, Sirmour at Nahan, H.P. 4. The said order has been passed by the learned District Judge, Sirmour at Nahan, H.P., as the record of the said case was forwarded by Mrs. Ritu Sinha, learned Civil Judge, Rajgarh, District Sirmaur, H.P., on the basis of the fact that in the present litigation, one of the parties is also party to the criminal proceedings, initiated by her spouse. 5. As per the said order, the said criminal matter has already been transferred from Rajgarh to the court of learned Chief Judicial Magistrate, Nahan, District Sirmour, H.P. Alongwith the file, the order passed by Mrs. Ritu Sinha, learned Civil Judge, Rajgarh, District Sirmaur, H.P. has also been annexed. 3 6. After hearing learned counsel for the parties, as well as, perusing the orders passed by the Court of learned Civil Judge, Rajgarh, District Sirmour, H.P., and the Court of learned District Judge, Sirmaur at Nahan, H.P., this court is of the view that once Mrs. Ritu Sinha, learned Civil Judge Rajgarh, has decided not to hear the matter, on account of the fact that one of the parties, in the civil litigation, is also party in the criminal litigation, initiated by her spouse, then, the order is not liable to be interfered, as justice should not only be done, but must also seem to have been done. As such, the same does not require any interference. 7. However, considering the fact that the Court of learned Civil Judge, Solan is nearby to Rajgarh, than the Court of learned Senior Civil Judge Nahan, District Sirmour, H.P., the order dated 9.7.2026 is modified and the case is taken out from the files of learned Civil Judge, Rajgarh, District Sirmour, H.P., and the same is transferred to the Court of learned Civil Judge, Court Room No. 1, Solan, District Solan, H.P. accordingly with 4 a request to learned Civil Judge, Court No. 1, Solan, H.P. to proceed further, in accordance with law. 8. Liberty is given to the parties to the present lis to move the appropriate application, for transfer, before this Court, in case of change of circumstances. 9. The pending application(s), if any, are also disposed of. (Virender Singh) 28.9.2026 Judge Kalpana