Himachal Pradesh High Court
CMPMO/592/2022 of SUBHASH CHAND AND OTHERS Vs RAKSHA DEVI on 30 December 2022
HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 592 of 2022 Date of decision : 30.12.2022. Subhash Chand & others ...Petitioners. Versus Raksha Devi ...Respondent Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioner : Mr. G. D. Verma,
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. 592 of 2022 Date of decision : 30.12.2022. Subhash Chand & others ...Petitioners. Versus Raksha Devi ...Respondent
Coram:
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?[1]For the petitioner : Mr. G. D. Verma, Sr. Advocate with Mr. B. C. Verma, Advocate. For the respondent : Mr. Hamender Chandel, Advocate.
Satyen Vaidya, Judge (Oral):
It has been submitted by the learned counsel for the respondent that his client has no objection in case the instant petition is disposed in terms of the order passed on 28.11.2022 in CMP No. 16560 of 2022. He further submits that the suit out of which the present proceedings have arisen is a second round of litigation between the parties with respect to same immoveable property.
2. In view of longevity of the litigation, it has been submitted that directions be issued to learned trial Court to dispose of the suit expeditiously.
3. The petition is accordingly disposed of. The impugned order dated 27.7.2022 in Case No. 341-6 of 2021-19, passed by learned Civil Judge, Jhandutta and order dated 29.10.2022 in CMP No. 10/14 of 2022, passed by learned Additional District Judge, Ghumarwin are quashed and set aside. The parties are directed to maintain status quo qua the nature, construction and possession of the suit property till the final disposal of civil suit in question. Keeping in view the fact that the present suit is second round of litigation, it will be in the interest of justice that the same is disposed of as expeditiously as possible by learned trial Court and in any case, not later than 30.6.2023. 4. The petition is disposed of. Pending applications, if any, also stand disposed of.
30[th] December, 2022 (kck)
(Satyen Vaidya)Judge