CMPMO/378/2026 of MANOJ KUMAR AND OTHERS Vs SUKH DEV (deceased) through LRs on 21 July 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.378 of 2026

Date of decision:21.07.2026

Manoj Kumar & others

...Petitioners

Versus

Sukh Dev (deceased) through LRs

...Respondents.

Coram:

The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioners : Mr. Sanjay Sharma, Advocate.

For the respondents : Nemo.

Romesh Verma, Judge (oral):

The instant petition arises out of the order as passed by the learned Senior Civil Judge, Nalagarh, dated 12.02.2026, whereby the evidence of the defendants-petitioners has been ordered to be closed.

2. The facts that emerge in the present case are that the plaintiff-respondent filed a suit for permanent prohibitory injunction against the defendants-petitioners, restraining the defendants- petitioners, themself or through their agents, servants, and family members from changing the nature and character by way of raising construction or to demolish structure so existing over the land Whether reporters of Local Papers may be allowed to see the judgment?

measuring 14 Bighas 2 Biswas bearing Khasra Nos.79, 81, 82, 83, 127, 154 situated in area of Village Nalka, Pargana Dharampur, Tehsil Baddi, District Solan, HP, till the suit land is not partitioned by metes and bounds in favour of the plaintiff and against the defendants with costs. The suit came to be instituted by the plaintiff on 22.09.2019.

3. The present petitioners-defendants filed a written statement by refuting all the averments as made in the plaint. The said written statement came to be filed on 02.11.2019. Thereafter, the learned trial court framed the issues in the matter and directed the respective parties to adduce evidence in support of their contentions.

4. After the closure of the evidence of the plaintiff, the case was fixed for the evidence of the defendants-petitioners.

5. Admittedly, various opportunities have been granted by the learned Senior Civil Judge, Nalagarh, to the defendants to adduce and conclude their evidence. However, they have failed to do so. This Court sees no infirmity or illegality in the impugned order and the learned trial court has rightly passed the said order.

6. It is contended by the learned counsel for the petitioners that the petitioners/defendants could not lead their evidence on account of the fact that the learned counsel who was representing them before the learned trial court unfortunately expired and the factum of the case fixed for the evidence was not within their knowledge. He further submits that there was no occasion for them to have not led evidence in support of their defence.

7. Though this Court does not find any illegality in the impugned order, however, in the interest of justice and as a matter of indulgence, last and final opportunity is granted to the present petitioners-defendants to lead/conclude their evidence on the date to be fixed by the learned trial court.

8. This Court has been apprised that the next date of hearing before the learned trial court is 10.08.2026. The parties are directed to appear before the learned trial court on 10.08.2026 and on the said date, the learned trial court shall fix the final date for leading/concluding of the evidence of the petitioners-defendants, subject to payment of costs of Rs.25,000/- to be paid to the plaintiffs- respondents.

9. It is made clear that in case the said costs is not paid to the respondents/plaintiffs, the benefit of the present order shall not be applicable to the petitioner.

10. In view of observations made hereinabove, the present petition is disposed of along with pending application(s), if any.

(Romesh Verma)

Judge 21st July, 2026.

(vt)