Himachal Pradesh High Court
Prem Kumar And Others vs Manmohan Chandel And Others on 21 November, 2023
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CMPMO No.631 of 2023
Decided on: 21st November, 2023
.
Prem Kumar and others
.....Petitioners
Versus
Manmohan Chandel and others
....Respondents
__________________________________________________________
of
Coram
Hon'ble Mr. Justice Ranjan Sharma, Judge
1 Whether approved for reporting?
rt
For the petitioner: Mr. Ashwani Kaundal, Advocate.
For the respondents: Mr. Rajinder Thakur, Advocate for
respondents No. 1 and 2.
Mr. K.D. Sood, Senior Advocate with
Mr. Het Ram, Advocate, for
respondent No.3.
Ranjan Sharma, Judge (Oral)
Notice. Mr. Rajinder Thakur, Advocate and
Mr. Het Ram, Advocate, appear and waive service of notice on
behalf of respondents No. 1 and 2 and respondent No.3
respectively.
Whether reporters of Local Papers may be allowed to see the judgment?
2. The petitioner(s), have filed the instant petition
with following prayers:-
"That the Hon'ble Court may kindly be allow and
.
the learned Trial Court may kindly be directed to
decide the application at the earliest, in the
interest of law and Any other/further order(s) as
this Hon'ble Court may deem fit and proper as per
facts and circumstances of the case may also be
passed."
of
3. Heard for some time.
4.
rtWith the consent of parties, the instant petition is
taken up for final disposal, at this stage.
5. The only point involved in the present petition
is that the petitioner, being a plaintiff, filed a Civil Suit
along with an application under Order 39 Rule 1 and 2 read
with Section 151 CPC for interim directions/temporary
injunction.
6. Case record reveals that this application under
Order 39 Rule 1 and 2 was taken up by the learned
Court below i.e. Civil Judge, Arki, District Solan, on
4.11.2023 and was directed to be listed for consideration on
6.11.2023.
7. On 6.11.2023, this application was taken up
for consideration. Arguments in this application were
concluded on 6.11.2023 and the same was listed for orders
.
after one month on 7.12.2023. In these proceedings, the
petitioner has assailed the order dated 6.11.2023, Annexure
P-3 [referred to as impugned order]; which reads as under:-
"06.11.2023
Present: Shri Raman Sharma, Ld. Advocate for
of
the applicants.
Shri Rakesh Sharma, Ld. Advocate for the
rt respondents No. 1 and 2.
Shri T.R. Sharma, Ld. Advocate for the
respondent No.3.
"Consideration heard. Be listed for orders
on 07.12.2023.
-Sd-
Civil Judge, Arki, Distt. Solan, H.P."
8. The learned counsel for the petitioner has assailed
the Impugned Order dated 6.11.2023, Annexure P-3; with the
plea that the learned Court below may be directed to decide
the application under Order 39 Rule 1 & 2 CPC expeditiously,
as the delay in adjudication, may defeat the claim based on
prima-facie case, balance of convenience and shall lead to
irreparable loss to the petitioner.
9. Accordingly, with the consent of the parties, this
Court directs the Court below i.e. learned Civil Judge, Arki,
District Solan to dispose of the application CMA No. 389 of
.
2023, under Order 39 Rule 1 and 2 read with Section 151
CPC, titled as Prem Kumar & Ors vs. Manmohan Chandel
& Ors i.e. the subject matter of Impugned Order Annexure P-
3, in accordance with law on or before 30.11.2023.
of
In aforesaid terms, the instant petition as
well as the pending miscellaneous application(s), if any, shall
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also stand disposed of, accordingly.
(Ranjan Sharma)
Judge
November 21, 2023
(himani)
