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2026 DAILYLAW 8709 (HP)

AMAR NATH SHARMA v. RAKESH KUMAR AND ORS

CMPMO/643/2022 · 2026-05-08

Virender Singh

body2026

Judgment text

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1 ( 2026:HHC:15504 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.643 of 2022 Date of Decision: 08.05.2026 Amar Nath Sharma (deceased) through LRs. …Petitioners Versus Rakesh Kumar and Ors. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Petitioners : Mr. Tek Chand Sharma, Advocate. For the Respondents : Mr. Sunil Mohan Goel, Senior Advocate, with Mr. Abhinav Mohan Goel, Advocate. __________________________________________________________ Virender Singh, Judge (Oral) With the consent of the parties, the present petition is disposed of, by setting aside the order dated 16.07.2022, passed by the Court of learned Civil Judge, Manali, District Kullu, H.P., (hereinafter referred to as the learned trial Court), in Civil Suit No.100 of 2016, titled as Amar Nath Sharma versus Rakesh Kumar etc., and one opportunity is granted to the petitioners(plaintiffs) to lead his entire evidence, within a period of two weeks, from the date of their appearance, before the learned trial Court. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2026:HHC:15504 ) 2. It is further clarified that the steps for summoning the PWs be taken within a period of seven days from the date of appearance before the learned trial Court. Thereafter, the witnesses be summoned by the learned trial Court. 3. It is further clarified that the learned trial Court is at liberty to take coercive method to ensure the presence of the PWs, in case, they fail to put appearance, despite services of the summons upon them. In case, steps for summoning the PWs would not be taken within a period of seven days from the date of appearance, then, the order dated 16.07.2022, passed by the learned trial Court would revive automatically and the present petition deemed to have been dismissed. 4. With these observations, parties to the lis are directed to appear before the learned trial Court on 01.06.2026 at 10:00 AM. 5. The present petition stands disposed of, so also the pending application(s), if any. (Virender Singh) Judge May 08, 2026 (subhash)