Moti Ram v. State of Himachal Pradesh & Anr.
Case at a glance
Outcome
Disposed of
The petition is disposed of, in
Provisions considered
- Code of Civil Procedure, 1908 O. 39 rr. 1, 2
Key paragraphs
- Para 66. Ordered accordingly. The petition is disposed of, in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 23, 2025 (Shivank Thakur)
Judgment
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. G.R. Palsra, Advocate. For the respondents : Mr. Rajpal Thakur, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
It is, therefore, most humbly and respectfully prayed that the present petition may kindly be allowed and judgment dated 28.03.2023 passed by the Ld. District Judge, Mandi, District Mandi in Civil Misc. Appeal No. 09/2023 as well as the order dated 12.01.2023 passed by Ld. Civil Judge, Court No. 3, Mandi, H.P. in CMA No. 1125/2021 in Civil Suit No. 44/2021 may kindly 1Whether reporters of the local papers may be allowed to see the judgment? 2 be set aside and the application under Order 39 Rule 1 & 2 CPC filed by the petitioner may kindly be allowed and justice be done.
The petitioner is aggrieved by order dated
12.01.2023, passed by learned Civil Judge, Court No.3, Mandi, H.P., in CMA No. 1125 of 2021, in Civil Suit No. 44/2021 and judgment dated 28.03.203, passed by learned District Judge, Mandi, District Mandi, in Civil Misc. Appeal No. 09/2023, in terms whereof, the application filed by the petitioner along-with the plaint, under Order XXXIX, Rules 1 and 2 of the Civil Procedure Code (hereinafter referred to as ‘CPC’), was dismissed and so also, was the fate of the Appeal filed under Order XLI, Rule 1(r) of the CPC.
When this case was listed in this Court on
03.05.2023, this Court ordered status quo qua possession over the suit land to maintain.
Learned counsel for the petitioner informed the Court that the case is at the stage of recording the evidence of the defendants.
In this backdrop, this Court is of the considered view that as the order of status quo is in force for last more than two 3 years, interest of justice would be served in case, this petition is disposed of with the observation that let the parties maintain status quo qua the possession over the suit land, till the disposal of the Civil Suit.
Operative part
Ordered accordingly. The petition is disposed of, in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 23, 2025 (Shivank Thakur)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is disposed of, in
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 39 rr. 1, 2.
Which court decided this case, and when?
Himachal Pradesh High Court, on 23 Sep 2025. The bench was AJAY MOHAN GOEL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.