CMPMO/546/2026 on 30 October 2026

2026:HHC:47813 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CMPMO No. 546/2026

Decided on: 30.10.2026

Goverdhan Singh & anr.

….Petitioners

Versus

Kavita Thapa & ors.

…Respondents ________________________________________________________________

Coram:

The Hon’ble Mr. Justice Romesh Verma, Judge.

Whether approved for reporting?1 For the Petitioners: Mr. Ram Lal Thakur, Advocate.

For the Respondent: Nemo

Romesh Verma, Judge (oral)

As per report of the Registry, notices issued to respondents could not be served as Mr. K. K. Chaudhary, Advocate, has appended note that notices be served upon the parties concerned.

Learned counsel for the petitioners submits that he has limited prayer to the effect that a time bound direction be issued to the learned trial Court to decide Civil Suit No. 73/2021, titled as Kavita Thapa vs. Ashok Chand Katoch. He further submits that the aforesaid suit is pending adjudication 1Whether reporters of the local papers may be allowed to see the judgment? Yes.

before the learned trial Court for the last more than 5 years, that too, at the stage of service and the matter could not be proceeded further as the suit has been filed against a dead person, namely, Parminder Singh, whose legal representatives, though were brought on record, but have not been served till date. He would contend that thrust of the respondents is just to prolong the matter on one pretext or other and no prejudice shall be caused to either side in case learned trial Court is directed to decide the aforesaid suit in a time bound manner.

Save and except the aforesaid prayer, no other prayer has been made in the present petition.

Keeping in view the attending facts and circumstances of the case coupled with the fact that Civil Suit No. 73/2021, titled as Kavita Thapa vs. Ashok Chand Katoch is at the stage of service, which could not be proceeded further for the last five years on one pretext or other, the prayer, as made by the learned counsel for the petitioners, is allowed being innocuous. Consequently, the learned trial court is directed to decide the aforesaid civil suit expeditiously and preferably within a period of two years from today.

The instant petition is allowed in the aforesaid terms. Pending application(s), if any, also stands disposed of.

(Romesh Verma) 30th October, 2026

Judge (pankaj)