HIGH COURT OF HIMACHAL PRADESH Vs. SHEELA DEVI

JUDGEMENT

(1.) The present petition has been filed for seeking review of order dated 27th April, 2016 in CMPMO No.157 of 2016, titled Smt. Sheela Devi (deceased) wife of late Shri Bahadur Singh through her legal representatives Shri Harbans Lal Parmar versus Usha Devi.

(2.) In a nutshell, the facts leading to the filing of the present review petition are that one Smt. Sheela Devi wife of late Shri Bahadur Singh Parmar filed Civil Suit under Section 9, 26 and Order 7 Rules 1 & 2 of the Code of Civil Procedure and Sections 38 & 39 of Specific Relief Act, 1963 for permanent prohibitory injunction restraining the defendant, her agents and servants from committing any act or mischief and from carrying out any repairs, additions/alterations or reconstruction or otherwise from modifying the existing house of the plaintiff shown in the site plans as A, B,C, D and from raising further construction thereon or from raising any sort of fresh construction over the adjoining abadi land shown as A-1, B-1, C-1 & D-1 measuring 3 kanals comprised in the abadi tika Khata No. 227 min, khatoni No. 260 min, Kh. No. 746, out of 20 kanal 11 marlas of total area, situate in Tika Mohal Mohin, Mauza Bajuri, Tehsil and District Hamirpur, H.P. as per jamabandi for the year 2000-01 and for possession of the vacant portion of the house allegedly occupied by the defendant illegally and unauthorizedly and also for recovery of the use and occupation charges. In the suit an application under Order 26 Rule 9 read with Section 151 of the Code of Civil Procedure for appointment of Local Commissioner was preferred by applicant-plaintiff. The said application was dismissed by the learned trial Court vide order dated 2nd March, 2016. Against the aforesaid order, CMPMO No.157 of 2016 came to be filed by Smt. Sheela Devi (deceased) through her legal representative Shri Harbans Lal Parmar. An objection on account of a deceased person has been shown as party therein was raised by the Registry. Regarding this objection a note that memo of parties in instant petition has been prepared as per the memo of parties in the impugned order was appended by learned Counsel representing the petitioner. Hence, the petition was sought to be listed as it is in the Court. Consequently, the petition came to be listed before this Court on 27th April, 2016, when following order was passed:

(3.) This order was placed before Hon'ble the Chief Justice on administrative side seeking suitable amendment in Note-4 appended to Rule 3 of Chapter-II Part-I of "Himachal Pradesh High Court (Scrutiny, Maintenance of Judicial Records, Administrative and Executive Business) Rules, 1997". As per the averments made in the present review petition, Hon'ble the Chief Justice was pleased to observe that either review petition or appeal be filed on the judicial side. Hence, the present petition.