JUDGEMENT
AJAY MOHAN GOEL,JUDGE,J. -
(1.)Learned counsel for the parties apprised the Court that during the pendency of this petition, proforma respondent No. 7, who was
proceeded against ex parte before the learned Trial Court, has died. They
further stated that as the said respondent is only a proforma respondent,
Whether the reporters of the local papers may be allowed to see the Judgment?
the petition can be heard by deleting his name from the array of parties.
Accordingly, the name of proforma respondent No. 7 is ordered to be
deleted from the array of parties, for the purpose of adjudication of the
present petition.
(2.)The petitioner herein, by way of this petition, has prayed for the following relief:
"It is, therefore, most humbly and respectfully prayed that the present petition may kindly be allowed and the judgment dated 31.07.2014 in Civil Appeal No. RBT10 T/14 of 2013/12 passed by the Ld. Additional Distt. Judge (CBI), Shimla, H.P.
Circuit Court, Theog and order dated 22.12.2011 in CMA No. 114 6 of 2011 in Civil Suit No. 91 1 of 2011, passed by the Civil
Judge, Sr. Division Theog Distt. Shimla, H.P. may very kindly be quashed and set aside."
(3.)During the course of hearing of this petition, this Court made an observation that keeping in view the fact that the main suit itself
pertains to the year 2011, would it not be prudent in case this Court
directs the learned Trial Court to dispose of the main suit itself within a
time bound period, rather than adjudicating upon the present petition on
merit.
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