BIMAL KUMAR Vs. SANJOGITA DEVI

JUDGEMENT

(1.) Petitioner has filed a civil Suit No.212 of 2019 wherein his application filed under Order 39 Rule 1 and 2 CPC has been dismissed. Against the dismissal of that application, petitioner has preferred an appeal under Order 43 Rule 1 CPC.

(2.) As the appeal was preferred by the petitioner during winter vacation, an application under Section 151 of Code of Civil Procedure was filed alongwith the appeal seeking permission to file the appeal during winter vacation. The said application was allowed by the Appellate Court and appeal preferred by him was entertained accepting the plea of the petitioner on the ground that in the absence of entertaining the said appeal, irreparable loss is going to be caused to petitioner, which could not be compensated in terms Whether Reporters of local newspaper are permitted to see the judgment ? of money and also by accepting the plea of the petitioner, that the respondents have started construction work in the suit land by taking undue advantage of winter holidays in the Civil Courts.

(3.) An appeal preferred by the petitioner was entertained by the Appellate Court, but no interim order was passed in his application preferred for ad-interim injunction/ stay order against the respondents. Rather vide order dated 30.01.2020, notice returnable on 31.01.2020 was issued to the respondents. On 31.01.2020, it was observed by the Appellate Court that summons were not received back executed or unexecuted and case was adjourned for 17.02.2020 for summoning the respondents with further direction to put up the file before learned District Judge, Kangra at Dharamshala, District Kangra, H.P., as on 17.02.2020 winter vacation would be over.