Himachal Pradesh High Court

CMPMO/617/2025 of SURINDER PAUL THROUGH SPA ASHA RANI Vs JOGINDER SINGH on 13 July 2026

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HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.617 of 2025 Date of decision:13.07.2026 Surinder Paul ...Petitioner Versus Joginder Singh ...Respondent. Coram: The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioner : Mr. Suneet Goel, Senior Advocate,

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.617 of 2025

Date of decision:13.07.2026

Surinder Paul

...Petitioner

Versus

Joginder Singh

...Respondent.

Coram:

The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the petitioner : Mr. Suneet Goel, Senior Advocate, with Mr. Vishwas Kaushal, Advocate.

For the respondent : Mr. Neel Kamal Sharma, Advocate.

Romesh Verma, Judge (oral):

After hearing the learned counsels for the respective parties, it has been agreed upon by both of them that since the learned Courts below have not taken into consideration the entire material and the documents placed on record, which go to the root of the case, therefore, the order as passed by learned Senior Civil Judge, Nadaun, District Hamirpur, dated 02.08.2025 and the judgment as passed by learned District Judge, Hamirpur, dated 18.09.2025, may be quashed and set aside by relegating the parties to the Court of learned Senior Civil Judge, Nadaun, District Hamirpur.

Whether reporters of Local Papers may be allowed to see the judgment?

-2-

2. Consequently, in view of the statement as made by the learned counsel for the parties, after setting aside the impugned judgment and order as passed by the learned Courts below, the parties are relegated to the Court of learned Senior Civil Judge, Nadaun, District Hamirpur, with a direction to the learned trial Court to decide the application under Order 39 Rules 1 and 2 CPC afresh by taking into consideration the entire material placed on record and after affording an opportunity of being heard to the respective parties/counsel, in accordance with the law.

3. Accordingly, the present petition is disposed of in view of the above observations.

(Romesh Verma)

Judge 13th July, 2026.

(vt)

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