The High Court at Shimla dismissed the CMPMO petition as withdrawn by the petitioners after the local commissioner reported that the disputed path was open with no obstruction caused by the respondents.
Petition dismissed as withdrawn alongwith pending applications.
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CMPMO No. 411 of 2018 Decided on: December 12, 2019 ______________________________________________________________ Dhani Ram and another ……...Petitioners Versus Hardei and others …Respondents ______________________________________________________________ Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting1 ? ____________________________________________________________ For the petitioners: Mr. Lovneeesh Kanwar, Advocate. For the respondents: Mr. Surinder Saklani, Advocate. ______________________________________________________________ Sandeep Sharma, J. (Oral)
Pursuant to order dated 7.11.2019, Mr. Ajeet Sharma, Advocate, who was appointed as local commissioner, has submitted his report, which is taken on record. Perusal of report clearly reveals that local commissioner appointed by this Court, after associating the interested persons, visited the spot and found the path in question to be open. It has been specifically stated in the report that there is no obstruction, if any, caused by the respondents, to the path in question 2. In view of above, learned counsel for the petitioners, under instructions, seeks permission to withdraw the present petition. 3. Consequently, present petition is dismissed as withdrawn, alongwith pending applications, if any. Needless to say, any observations made herein shall have no bearing on the merits of
Whether reporters of the Local papers are allowed to see the judgment? .
the case pending before learned Court below, which shall be decided on its own merit, in accordance with law. Before parting, this Court places on record its appreciation for the efforts put in by Mr. Ajeet Sharma, Advocate.
(Sandeep Sharma) Judge
December 12, 2019 (Vikrant)
Dhani Ram and another
Hardei and others
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
