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2026 DAILYLAW 4346 (HP)

JAAN MOHAMMAD AND OTHERS v. HEM RAJ AND OTHERS

CMPMO/187/2026 · 2026-04-30

Romesh Verma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No. 187 of 2026. Decided on :30 th April, 2026. Jaan Mohammad & Ors ...Petitioners. Versus Hem Raj and Ors. ....Respondents. Coram: The Hon’ble Mr. Romesh Verma, Judge. Whether approved for reporting?1 For the Petitioners: Mr. T.S. Chuahan, Senior Advocate with Ms.Yamini Sharma, Advocate. For the Respondents: Nemo. Romesh Verma, Judge (Oral). The present petition arises out of the order as passed by the learned Civil Judge, Court No.1, Sundernagar, District Mandi, H.P. Kangra, on 19.03.2026 in Civil Suit No.206 of 2020, whereby the plaintiffs’ evidence had been ordered to be closed. 2. The facts of the case are that the plaintiffs/petitioners have filed a suit for declaration and permanent prohibitory injunction before the learned trial Court. The said suit was filed on 21.09.2020. 3. The case file reveals that the issues were framed by the learned trial Court on 05.12.2024. As per the impugned order, which has been passed by the learned trial Court, it has been observed that 1 Whether reporters of the local papers may be allowed to see the judgment? 2 statement of plaintiff No.1 Jaan Muhammad has been recorded, however, no other PWs were present on the said date. Further it is stated that no cogent reason has been assigned for not producing the remaining evidence on behalf of the plaintiffs. It has further been observed that number of opportunities have been afforded to the plaintiffs to conclude their evidence, however, to no avail. Thereafter, the learned trial Court ordered the closure of plaintiffs’ evidence and fixed the matter for Dws. 3. This Court finds no infirmity in the order as passed by the learned trial Court. However, as a matter of indulgence in the interest of justice and fair play, one last and final opportunity is ordered to be granted to the plaintiffs/petitioners to conclude their evidence on the date to be fixed by the learned trial Court. However, the said indulgence is being shown to the petitioner subject to payment of costs of Rs.5000/-, to be paid to the defendants on the next date of hearing before the learned trial Court. 4. Consequently, in view of the observations as made hereinabove, the present petition is disposed of with direction to the learned trial Court to afford one last and final opportunity to the plaintiffs/petitioners to conclude their evidence, subject to payment 3 of costs of Rs.5000/- to the defendants. Pending applications also stand disposed of. (Romesh Verma) Judge 30th April, 2026. (jai)