Extracted from the PDF above. The PDF is authoritative.
2026:HHC:12213 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO
No. : 158 of 2026 Decided on : 16
th April, 2026 Ajay Kumar …Petitioner Versus Ashok Verma & Others …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Pawan K. Sharma, Advocate For the respondents : Mr. Mohinder Zharaick, Additional Advocate General for respondents No.6 and 7. Virender Singh, Judge (Oral) Petitioner–Ajay Kumar has filed the present petition, under Article 227 of the Constitution of India, against the order dated 06.11.2025, passed by the learned Civil Judge, Sarkaghat (hereinafter referred to as ‘trial Court’), in CMA No.675/2025, titled as Ashok Kumar versus Ajay Kumar.
2. The learned trial Court, vide order dated 06.11.2025, has allowed the application, filed under Order 6 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:12213 Rule 17, by respondents No.1 to 5, in a suit titled as Ashok Kumar versus Ajay Kumar.
3. The parties to the lis are hereinafter referred to in the same manner, in which, they were referred to, by the learned trial Court.
4.
Brief facts, as per the documents, annexed with the petition, may be summed up as under:
4.1. Plaintiffs Ashok Kumar and others have filed Civil Suit No.46 of 2024, for permanent prohibitory injunction and mandatory injunction, against Ajay Kumar and Others, seeking the following relief:
“i) The plaintiffs No.1 to 4, plaintiff No.5 and defendant be declared the owners in possession of the suit land in equal shares by adjudicating the entries to the contrary showing the defendant as sole owner in possession of the suit as wrong, incorrect and illegal. ii) A decree for permanent prohibitory injunction be passed in favour of the plaintiffs and restraining the defendant from raising any construction over the suit land till the suit land is legally partitioned. iii) In case, the defendant succeeds in raising construction, during the pendency of the suit in that event, the same may be directed to be demolished and removed by passing a decree for mandatory injunction at his own cost and the
3 2026:HHC:12213 plaintiffs be directed to be put in joint possession of the suit by passing a decree for joint possession. AND/OR The plaintiffs may be granted any other relief to which they may be found entitled to in the circumstances of the case and justice be done. The suit may kindly be decreed as above with exemplary cost in view of peculiar circumstance of the case in the interest of justice and justice be done.”
5. When put to notice, defendant No.1 has contested the suit by filing the written statement, by taking the preliminary objections that the suit is not maintainable; suit is barred by law as the issues raised, by the plaintiffs, in the present suit, have been decided, in the previous suit and the suit is barred by the provisions of Section 11 of the CPC; the suit has been filed without complying with the provisions of Section 80 of the CPC; the plaintiffs have no locus standi to file the suit; plaintiffs have no cause of action and there are estopped by his act and conduct; the suit is bad for nonjoinder and misjoinder of necessary parties; and the suit is not properly valued for the purpose of Court fee and jurisdiction. On merits, the suit has been contested. 4 2026:HHC:12213
6.
Defendants No.2 and 3 have filed their separate written statement, by taking the preliminary objections that the suit is not maintainable; the plaintiffs have no enforceable cause of action, the suit is not properly valued for the Court fee and jurisdiction. On merits, the contents of the suit has been denied for want of knowledge. 7. In the said suit, the plaintiffs have moved the application, under Order 6 Rule 17 CPC, on the ground that they have filed a suit with the prayer as referred to above and by way of the proposed amendment, they want to insert para 5A in the plaint:
" that the respondent No. 1 Ajay Kumar during the pendency of the suit forcibly raised construction of first storey over the ground floor's slab over the suit land, whereas, as per the consent decree passed by the Ld. Additional District Judge Mandi, the respondent No. 1 Ajay Kumar was only entitled to raise construction over the suit land up to only ground floor's slab and further it was held by the Hon'ble Additional District Judge Mandi that applicants are only can raise constriction over the ground floor and there above. But the respondent No. 1 Ajay Kumar violated the consent decree which has been passed by the Learned Additional District Judge Mandi on 26.3.1990 as per the compromise Exhibit P1. On the basis of that the consent decree was passed" & it is further submitted that the respondent No. 1 Ajay Kumar had no right, title & interest to raise
5 2026:HHC:12213 construction over the slab of ground floor, but respondent No. 1 Ajay Kumar forcibly raised construction of first storey over the slab of ground floor"
8. In addition to this, by way of proposed amendment, para (iii) is also proposed to be inserted in the prayer clause, which reads as under: Para No. iii " that the construction forcibly raised during the pendency of suit of first storey over the ground floor by the respondent No. 1 Ajay Kumar may kindly be ordered to be demolished and further its peaceful possession may kindly be handed over to the applicants as per the spirit of consent judgment and decree passed by the Ld. Additional District Judge Mandi and further the applicants may kindly be allowed to raise construction over the slab of ground floor.
9. The said amendment is stated to be necessary in
order to resolve the controversy involved in the case. 10. When put to notice, this application has been contested by defendant No.1, on the ground that the application is not maintainable and the applicants have concealed the material facts. The application has further been contested by pleading that by way of the proposed amendment,
6 2026:HHC:12213 according to defendant No.1, applicant wants to change the nature of the suit. 11. On merits, defendant No.1, has denied the fact that during the pendency of the suit, construction has forcibly been raised, whereas, according to him, he has raised the construction of basement over the suit land and same was completed after 07.03.2024, after the dismissal of application, under Order 39 Rules 1 and 2 CPC. Elaborating his stand, he has pleaded that the construction was started before status qua order was passed by the learned trial Court on 14.03.2024. Thus, a prayer has been made to dismiss the application. 12. Applicants have filed the replication, denying the averments made in the application. Thereafter, the learned trial Court vide order dated 06.11.2025, has allowed the application, as, the proposed amendment is based upon the subsequent events, which have been arisen, after filing of the suit. 13. In this regard, learned trial Court has relied upon the decision of Hon’ble Supreme Court in Sampat Kumar versus Ayyakannu, (2002) 7 SCC 599. 7 2026:HHC:12213
14. Against the said order, defendant No.1 is now before this Court. 15. From the perusal of the record, it is not in dispute that the trial has not commenced, as only the pleadings have been completed. Moreover, the amendments, which have been allowed, are based upon the subsequent events, as in the reply, defendant No.1 has taken the plea that the construction of basement was raised by him, which was completed after 07.03.2024, after dismissal of the application under Order 39 Rules 1 and 2 of the CPC, filed by the applicants and thereafter, he has started construction of ground floor and prior to the status quo order, passed by the learned appellate Court on 14.03.2024. 16. From this stand of defendant No.1, only, the applicants have succeeded to prove about the necessity of the proposed amendment, as, the same is based upon the subsequent events, not on the basis of the facts, which were existing prior to the filing of the suit. 17.
The learned trial Court has correctly appreciated the controversy, involved in the application and rightly
8 2026:HHC:12213 allowed the same on the ground that the refusal would be nothing, but, multiplicity of litigation. Moreover, the trial has not commenced and whatsoever, proposed in the application, under Order 6 Rule 17 of the CPC, is based upon the subsequent events. 18. Considering all these facts, there is no occasion for this Court to interfere with the findings of learned trial Court, by virtue of which, the application, under Order 6 Rule 17 of CPC, has been allowed. Consequently, the present petition is dismissed. 19. Pending miscellaneous application(s), if any, shall also stand disposed of. ( Virender Singh ) April 16, 2026( ps ) Judge