Chughi Devi And Others vs Nika Ram And Others
2025 Latest Caselaw 6083 HP

Himachal Pradesh High Court

Chughi Devi And Others vs Nika Ram And Others on 27 May, 2025

                                          1




IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                     CMPMO No.334 of 2021
                                     Date of Decision : 27.05.2025

Chughi Devi and others
                                                            ...... Petitioners

                               Versus

Nika Ram and others
                                                            ......Respondents

Coram:

The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1

For the petitioners         : Mr. Romesh Verma, Senior Advocate with
                              Mr. Digvijay Singh Bisht, Advocate.

For the respondents :          Mr. G.R. Palsra, Advocate.

Bipin Chander Negi, Judge (oral)

The present petition has been preferred against

impugned order dated 02.12.2021, whereby, an application under

order 41 Rule 27 of the Civil Procedure Code has been dismissed by

the first appellate Court.

2. Heard learned counsel for the parties.

3. Admittedly, in the case at hand, an application under

Order 41 Rule 27 of the Civil Procedure Code was heard

independent of the main appeal.

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

4. It is settled proposition of law that an application under

Order 41 Rule 27 of the Civil Procedure Code is to be considered

along with the main appeal.

5. In this regard, it would be appropriate to refer to decision

of the Hon'ble Apex Court in Union of India vs. Ibrahim Uddin and

another, 2012 (8) SCC 148

6. In view of the aforesaid, impugned order dated

02.12.2021, passed by learned Additional District Judge,

Sundernagar, District Mandi, in CMA No.600/2021 on an application

under Order 41 Rule 27 read with Section 151 of the Civil Procedure

Code, is quashed and set aside. Accordingly, the application under

Order 41 Rule 27 of the Civil Procedure Code shall be heard along

with the main appeal.

7. In view of above, present petition stands disposed of, so

also, pending miscellaneous application(s), if any.

8. The parties are directed to appear before the appellate

Court on 05.06.2025.

                                             (Bipin Chander Negi)
May 27, 2025 (KS)                                    Judge