Geeta Ram And Anr vs Sunita And Ors
2021 Latest Caselaw 1292 HP

             IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                                    CMPMO No. 9 of 2021
                                                    Decided on 25.2.2021




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     __________________________________________________________________





    Geeta Ram and Anr.                                    .....Petitioners
                                   Versus
    Sunita and Ors.                                      .....Respondents
     __________________________________________________________________





    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge
    Whether approved for reporting? 1





    For the petitioners       :   Mr. B.N. Sharma, Advocate.
    For the respondents       :   Nemo.
    __________________________________________________________________

    Sandeep Sharma, Judge (oral):

Being aggrieved and dis-satisfied with order dated

12.11.2020, passed by the learned Civil Judge, Court No. VI, District

Shimla, whereby court below while disposing of an application under

Section 151 CPC, having been filed by the respondents-plaintiffs

(hereinafter referred to as "the plaintiffs"), seeking therein direction to

the petitioners-defendants (in short "the defendants"), to remove the

left out debris from the plot of the plaintiffs, permitted the plaintiffs to

remove the debris from the plot in question during the pendency of

the suit, defendants have approached this Court in the instant

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

proceedings filed under Article 227 of the Constitution of India, praying

therein to set aside the aforesaid impugned order.

.

2. Having regard to the nature of order proposed to be

passed in the instant case, this court sees no reason to issues notice to

the respondents and as such, same is dispensed with.

3. Having heard learned counsel for the parties and perused

averments contained in the petition vis-à-vis reasoning assigned by the

learned court below while passing the impugned order, this Court sees

no illegality and infirmity in the impugned order and as such, no

interference is called for.

4. Close scrutiny of the material available on record reveals

that plaintiffs filed a suit for recovery and mandatory injunction,

seeking direction to the defendants to remove the left out debris from

the plot comprising khata khatauni No. 17/22, khasra No. 729/17,

measuring 03-12 hectares situated at Mohal Rajhana, Patwar Circle

Kasumpti, Tehsil and District Shimla, H.P.

5. In the aforesaid suit, plaintiffs filed an application under

Section 151 CPC, seeking therein direction to the defendants to

remove the left out debris from the plot. Since defendants by way of

reply to the aforesaid application disputed the factum of throwing

debris on the plot of the plaintiffs, court below having taken note of

the danger to the property of the plaintiffs, permitted the plaintiffs to

remove the debris from the plot in question. However, while passing

.

aforesaid order, court below has very cautiously recorded in para 9 of

the impugned order that grant of relief as detailed herein above

would in no manner amount to passing of decree in favour of the

plaintiffs and in case, plaintiffs want to place on record bill of payment

qua removed debris in the court record, the same shall be placed

after following proper procedure. Besides above, court has further

recorded in its order that it has come to conclusion that respondents

are facing difficulty on account of debris stacked on the premises in

question and as such, same deserves to be removed immediately.

Since court below having taken note of the danger to the property of

the plaintiffs has permitted the plaintiffs to remove the debris and has

not returned specific finding holding the defendants responsible for

throwing debris on the plot in question, no prejudice, if any, can be

said to have been caused to the defendants on account of passing of

aforesaid order.

6. Consequently, in view of the above, there is no merit in the

present petition and same is dismissed being devoid of any merit.

However, it is clarified that order impugned before this court shall have

no bearing on the main case, especially qua the allegation/claim of

the plaintiffs that defendants have thrown the debris on the plot, which

shall be decided on the basis of totality of evidence collected on

.

record by the parties to the lis. Pending application(s), if any, also

stand disposed of.

    25th February, 2021                         (Sandeep Sharma),
     manjit                                          Judge




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