Subhash Chand & Others vs Raksha Devi
2022 Latest Caselaw 11828 HP

         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.

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

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.

                                                (Satyen Vaidya)
    30th December, 2022                              Judge





         (kck)