Ramesh Kumar (Now vs Smt. Ritu Sarian Alias Ritu
2022 Latest Caselaw 5684 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                ON THE 15th DAY OF JULY, 2022
                            BEFORE
                  HON'BLE MR. JUSTICE SANDEEP SHARMA
            CIVIL MISC. PETITION MAIN (ORIGINAL) NO.289 of 2022




                                                           .
    Between:-





    JAI KISHAN    SINCE      DECEASED
    THROUGH HIS LR:-





    1.  RAMESH     KUMAR      (NOW
    DECEASED) THROUGH HIS LRS:-

    1(A)   GAYTRI DEVI, WIDOW OF LATE
           SH. RAMESH KUMAR, AGED 56





           YEARS;

    1(B)   NEHA BHARDWAJ, DAUGHTER
           OF LATE SH. RAMESH KUMAR,

           AGED 30 YEARS;

    1(C)   JAGRITI BHARDWAJ, DAUGHTER
           OF LATE SH. RAMESH KUMAR,
           AGED 28 YEARS;

    1(D)   AKARSHAN BHARDWAJ, MINOR



           SON, OF LATE SH. RAMESH
           KUMAR,  AGED   16  YEARS,
           THROUGH HIS MOTHER GAYTRI




           DEVI;

           ALL RESIDENTS OF VILLAGE





           AND POST OFFIC GAMROO,
           TEHSIL       DHARAMSHALA,
           DISTRICT KANGRA, H.P.





                                              ......PETITIONERS/JDS.

    (BY MR. R.L. CHAUDHARY, ADVOCATE)

    AND

    1.     SMT. RITU SARIAN ALIAS RITU
           D/O SH. RAVINDER SARAIN, R/O
           UP MUHAL DHARAMSHALA,
           TEHSIL        DHARAMSHALA,
           DISTRICT KANGRA, H.P.




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                                            2

                                                    ......RESPONDENT/DH

    2.    SURESH KUMAR,S/O SH. JAI
          KISHAN, R/O VILLAGE & POST
          OFFICE    GAMROO,    TEHSIL
          DHARAMSHALA,       DISTRICT
          KANGRA, H.P.




                                                                 .

    3.    LAJAYA, D/O SH. JAI KISHAN,
          R/O VILLAGE & POST OFFICE
          GAMROO,              TEHSIL





          DHARAMSHALA,       DISTRICT
          KANGRA, H.P.

                                           ......PROFORMA RESPONDENTS





    Whether approved for reporting1?


                 This petition coming on for orders this day, the Court passed the
    following:


                               ORDER

Having regard to the nature of the order proposed to be passed

in the instant petition, this Court sees no necessity to issue notice to

respondents and as such, same is dispensed with.

2. Being aggrieved and dissatisfied with the orders dated

09.05.2022 & 02.07.2022, whereby warrant of possession has been issued for

vacation and eviction of petitioners herein from the demised premises, they

have approached this Court in the instant proceedings filed under Article 227

of the Constitution of India, praying therein to set aside the aforesaid

impugned orders dated 09.05.2022 & 02.07.2022 and grant them reasonable

time to vacate the premises.

3. Having heard learned counsel representing the petitioners and

perused the pleadings available on record vis-a-vis reasoning assigned in the

orders impugned in the instant proceedings, this Court finds that learned Civil

Judge (Senior Division), Kangra at Dharamshala, vide judgment and decree

dated 19.07.2012, passed in Civil Suit No. 69/2009, passed eviction order qua

the suit land comprised in Khata No. 303, Khatauni No. 651, Khasra No.

4955/485, measuring 107.07 square metres, situate at Up Mohal,

.

Dharamshala, Mauza & Tehsil Dharamshala, District Kangra, H.P. Aforesaid

judgment and decree passed by learned trial court, has been further upheld by

learned Additional District Judge, Kangra (III) at Dharamshala in Civil Appeal

No. 65-D/XIII/2012 vide judgment and decree dated 31.05.2016. Though

against the aforesaid judgment and decree dated 31.05.2016, petitioners

herein have filed appeal bearing RSA No. 455/2017 before this Court, but

since, there is no stay against the judgment and decree passed by trial court,

respondents herein, filed execution petition before the executing court below,

which having taken note of the fact that judgment and decree passed by it, has

not been stayed, has already issued warrant of possession vide orders dated

09.05.2022 and 02.05.2022 and revenue officers have been directed to hand

over the vacant possession, as per judgment and decree dated 19.07.2012,

passed by it, to the respondent/DH.

4. Though, there appears to be no illegality in the aforesaid orders

passed by the trial court because till the time judgment and decree sought to

be executed, is not set aside or stayed by the higher Court, executing court

below has no option, but to proceed with the execution petition, but since

learned counsel representing the petitioners, on instructions, states that they

are ready and willing to vacate the premises in question within a period of one

week, this Court without going into merits of the case, deems it fit to dispose of

the present petition with the direction to the petitioners to hand over the vacant

possession of the premises in question in terms of the judgment and decree

passed by the trial court, within a period of one week and during this period,

operation of orders dated 09.05.2022 & 02.07.2022, passed by the executing

court below, shall remain stayed. Ordered accordingly. However, it is made

.

clear that in case needful is not done within a period of one week, as has been

undertaken before this court, aforesaid orders would automatically revive and

revenue officials would be at liberty to evict the petitioners from the premises in

question, in terms of the warrant of possession issued by the executing court

below.

Consequently, in view of the above, present petition is disposed

of, so also, the pending application(s), if any.

(Sandeep Sharma) Judge

15th July, 2022 (reena)