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2026 DAILYLAW 6587 (HP)

RAMESHWAR AND OTHERS v. STATE OF HP AND OTHERS

CMPMO/166/2026 · 2026-04-22

Virender Singh

body2026

Judgment text

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2026:HHC:13226 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. : 166 of 2026 Decided on : 22.04.2026 Rameshwar & Others …Petitioners Versus State of H.P. & Others …Respondents The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioners : Mr. Sudhir Thakur, Senior Advocate, assisted by Mr. Somesh Sharma, Advocate. For the respondents : Mr. H.S. Rawat, Mr. Mohinder Zharaick, Additional A.Gs. Virender Singh, Judge (Oral) Petitioners, who are aggrieved from the order dated 22.09.2025, passed by the Court of learned Additional District Judge, Nalagarh, District Solan, H.P. (hereinafter referred to as “the Executing Court), in case No. 24-NL/10 of 2025, titled as “Rameshwar Versus State of H.P. & Others”, have approached before this Court by filing the present petition under Article 227 of the Constitution of India. 2. Vide order dated 22.09.2025, the learned Executing Court has disposed of the Execution Petition, as unsatisfied, by giving liberty to the petitioners to file the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:13226 execution afresh, but subject to the limitation period, with correct valuation sheet, showing exact recoverable amount, from the respondents, in terms of the observations made in the order. 3. In this factual background, it has been submitted by the learned Senior Counsel appearing for the petitioner, that the Execution Petition has been filed within the prescribed period of limitation and now, the limitation for filing the execution has already been expired. 4. The learned Executing Court has disposed of the Execution Petition mainly on the ground that the petitioners were required to calculate components of ‘principal amount’ and ‘interest amount’ separately. Although opportunity has been given by the learned Executing Court, to the petitioners, to do the needful. However, the calculation sheet filed by the petitioners before the learned Executing Court is stated to be incorrect. In such situation, instead of giving further opportunity to the petitioners to file the fresh calculation sheet, the learned Executing Court has disposed of the Execution Petition as unsatisfied. While doing so, the learned Executing Court has fallen into error. The learned 3 2026:HHC:13226 Executing Court is required to give an opportunity to the petitioners to file the fresh calculation sheet. 5. Consequently, the order passed by the learned Executing Court, dated 22.09.2025, is not sustainable in the eyes of Law, as such, the same is set aside. 6. The Execution Petition is ordered to be revived to its original number in the files of the learned Executing Court. The learned Executing Court is requested to proceed further, in accordance with Law. 7. Parties, through their counsel are directed to appear before the executing Court on 04.05.2026. 8. The petition is disposed of accordingly. (Virender Singh) 22nd April, 2026 Judge (Pramod Kumar)