Himachal Pradesh High Court
Decided On: 07.08.2025 vs Yudhbir Singh & Others on 7 August, 2025
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
2025:HHC:26575
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.345 of 2016
.
Decided on: 07.08.2025
Yash Paul Singh & another ... Petitioners
Versus
Yudhbir Singh & others ... Respondents
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1
____________________________________________________ _
For the petitioners : Mr. Sunny Modgil, Advocate (through
V.C.) and Ms. Ananya Verma,
r Advocate.
For the respondents : Mr. Dheeraj K. Vashisht, Advocate, for
respondents No.2 to 5, 8 and 9.
Respondents No.1, 6, 7 and 10 are
reported to be dead.
Proposed respondents 7(a), 7 (b) and 7
(d) ex parte.
Ajay Mohan Goel, Judge (Oral)
As per report of the Registry, whereas proposed
respondents 7 (a), 7 (b) and 7 (d) are ex parte and proposed legal
representative 7 (c) is yet to be served.
2. When the matter was taken up for consideration today,
the Court stands informed that respondents No.1 and 6 have died
during the pendency of these proceedings in addition to respondents
No.7 and 10.
3. Taking into consideration the fact that the petitioners
Whether reporters of the local papers may be allowed to see the judgment?
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have approached this Court against an order passed by passed by
the learned Trial Court, granting police assistance for the
.
implementation of the ad interim order passed in an application
under Order XXXIX, Rule 1 and 2 of the Civil Procedure Code, for
the purpose of adjudication of this petition, the names of deceased
respondents No.1, 6, 7 and 10 are ordered to be deleted from the
array of the respondents.
4. In the light of this order, CMP(M) Nos. 1642 and 1643 of
2017 have been rendered infructuous and the same are dismissed.
5. By way of this petition, the petitioners have, inter alia,
prayed for the following relief:-
"It is, therefore, prayed that in view of the stated herein
above as well as documents placed on record, the petition
may very kindly be allowed and the impugned order
dated 09-03-2016 passed in CMA No. 21 of 2015 in Civil
Suit No. 90 of 2015 titled as Yash Paul Singh and others
Vs Yudhbir Singh and others may kindly be quashed and
set aside, in the interest of justice."
6. When this case was listed on 08.09.2016, the operation
of the impugned order as well as proceedings in the main civil suit
were stayed by the Court. In the light of the fact that the civil suit is
hanging fire for more than a decade now in the light of the interim
2025:HHC:26575
order passed by this Court, this petition is disposed of without any
observation on merit, but with the direction that learned Trial Court
.
shall make an endeavour to decided the application filed by the
plaintifsf under Order XXXIX, Rule 1 and 2 of the Civil Procedure
Code finally on or before 31.10.2025. Till then, the order passed by
learned Court below, dated 09.03.2016, shall remain in abeyance. In
case the application filed under Order XXXIX, Rule 1 and 2 of the
Civil Procedure Code is decided in favour of the plaintiffs, then the
order passed by learned Court below on 09.03.2016 shall again
become operative subject to legal rights of the parties. It is again
clarified that this Court has not made nay observation as far as
merits of this case are concerned. Interim order, if any, stands
vacated. Pending miscellaneous application(s), if any also stand
disposed of accordingly.
(Ajay Mohan Goel)
Judge
August 07, 2025
(Rishi)
2025:HHC:26575
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