____________________________________________________________________ vs Suram Singh & Others
2021 Latest Caselaw 3362 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                                Civil Revision No.5 of 2021
                                            Date of Decision: 2.8.2021




                                                                                          .
    ____________________________________________________________________
    Pritam Singh & others                                 .....Petitioner





                                  Versus
    Suram Singh & others                              .....Respondents
    Hon'ble Mr. Justice Sandeep Sharma, Judge.





    Whether approved for reporting?                   1



    For the Petitioners:                 Mr. Ajay Sharma, Senior Advocate with Mr.
                                         Amit Jamwal, Advocate.





    For the Respondents:  Mr. Sanjay Jaswal, Advocate.
                     Through video-conferencing
    Sandeep Sharma, Judge (oral):

Being aggrieved and dissatisfied with the order dated

11.2.2021, passed by learned Civil Judge, Indora, District Kangra,

H.P., in CMA No.193 of 2020 in Civil Suit No.126 of 2020, whereby

an application under Section 151 CPC, having been filed by the

respondents/plaintiffs to grant police assistance for implementation

of interim order dated 24.9.2020, came to be allowed, petitioners

approached this Court in the instant proceedings filed under Section

115 CPC.

2. Before the case at hand could be heard and decided on

its own merit, learned counsel representing the parties is in

agreement that instead of deciding the controversy at hand, this

Court may direct learned court below to consider and decide the

Whether the reporters of the local papers may be allowed to see the judgment?

application under Order 39 Rule 1 & 2 CPC filed by respondents/

plaintiffs in time bound manner.

3. Consequently, in view of the fair stand adopted by the

.

learned counsel representing the parties, this Court without going

into the merits of the case, deems it fit to dispose of the present

petition with the direction to learned court below to consider and

decide the application under Order 39 Rule 1 and 2 CPC, having

been filed by the respondents/plaintiffs expeditiously, preferably

within two weeks from the date of receipt of the instant order.

Ordered accordingly. r

4. Needless to say, till the time aforesaid application is not

decided by the court below, order dated 24.9.2020 shall not be given

effect to, but in the same time parties to the lis shall maintain status

quo qua the nature and possession of the suit property.

5. Learned counsel representing the parties undertake to

put in appearance before the learned Court below on 25.8.2021,

enabling it to do the needful in terms of the instant order within

stipulated time. Pending applications, if any, also stand disposed of.

6. Accordingly, the present petition is disposed of in the

aforesaid terms alongwith pending application(s), if any.

(Sandeep Sharma), Judge 2nd August,2021 (shankar)