Disposed¶26

Imran Khan and Others v. Amnisha and Others

Himachal Pradesh HC13 Jul 2026CMPMO/362/2026

Case brief

AI extract

What is this about?

Closure of defendants' evidence; last/final opportunity to lead evidence; Article 227 of the Constitution of India; CMPMO No.362 of 2026; Civil Judge Nahan, District Sirmaur, H.P.; Civil Suit No.42 of 2019 (Amnisha and others v. Imran Khan and others); notary witness Ms. Kavita Kashyap; production of DWs on self responsibility; High Court of Himachal Pradesh; Justice Virender Singh; decision dated 13.07.2026.

What did the court decide?

One more opportunity granted to the petitioners/defendants No.2 to 5 to examine Ms. Kavita Kashyap, Advocate-cum-Notary, on self responsibility, with appearance directed before the trial Court on 15.07.2026 and an express stipulation that no further opportunity will be granted in case of default; petition and pending application(s), if any, disposed of. ¶26

Imran Khan and Others Vs Amnisha and Others — Writ and Judicial Review | Himachal Pradesh HC (2026)

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( 2026:HHC:28336 )

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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

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CMPMO No.362 of 2026 Date of Decision: 13.07.2026

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Imran Khan & Ors. …Petitioners

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Versus

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Amnisha & Ors. …..Respondents Coram:

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The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?¹

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For the petitioners : Mr. Servedaman Rathore, Advocate. For the respondents : None.

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Virender Singh, Judge (Oral)

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The petitioners have filed the present petition under Article 227 of the Constitution of India, for quashing of order dated 29.05.2026, passed by the Court of learned Civil Judge Nahan, District Sirmaur, H.P. (hereinafter referred to as the trial Court).

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By way of the order dated 29.05.2026, the learned trial Court has closed the evidence of the petitioners. The order dated 29.05.2026, is reproduced as under:-

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Three DWs. Smt. Meena Bano, Smt. Parveen and Mohd. Ali are present and examined. No other DW is present. Time prayed. From perusal of the case file, it is evidence that today sixth opportunity was provided to the defendants for producing their evidence but no steps were taken by them till date. Case

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Whether reporters of Local Papers may be allowed to see the judgment?

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( 2026:HHC:28336 )

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is on defendant’s evidence since 30.06.2025 and on the last date of hearing, it was made clear that no further opportunity would be provided. As there is no steps were taken nor any valid ground has been shown for granting of further adjournment for the purpose of examination of his witnesses, hence, the defendants evidence is closed by the order of this Court. Be listed for arguments on 11.06.2026.

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For the sake of convenience, the parties to

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the present lis, are, hereinafter referred to, in the same manner, as were, referred to, by the learned trial Court.

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The petitioners have been impleaded, as defendants No.2 to 5, in Civil Suit No.42 of 2019, titled as Amnisha and others versus Imran Khan and others.

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Perusal of the order dated 29.05.2026, shows that the learned trial Court has closed the evidence, after considering the fact that five effective opportunities have already been granted and the evidence has been closed on the sixth opportunity.

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In view of persuasive submissions made by learned counsel appearing for defendants No.2 to 5, according to which, only Notary Ms. Kavita Kashyap, Advocate, is to be examined and according to learned counsel for defendants No.2 to 5, the said witness will be produced on self responsibility, this Court is of the view that in the

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( 2026:HHC:28336 )

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interest of justice, one more opportunity is required to be given to the petitioners/defendants No.2 to 5, to examine Ms. Kavita Kashyap, Advocate-cum-Notary, in the present case. Ordered accordingly.

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The matter is stated to be listed on 15.07.2026, for arguments. Defendants No.2 to 5 are directed to put appearance, before the learned trial Court on 15.07.2026 and the learned trial Court, thereafter fix the date for DWs. The DWs be produced, on self responsibility, on the date to be fixed by the learned trial Court.

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It is clarified that in case, defendants No.2 to 5 failed to produce the said witness on self responsibility on the date, so fixed, by the learned trial Court, then no further opportunity will be given to them.

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Consequently, the present petition is disposed of, so also the pending application(s), if any.

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(Virender Singh)

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Judge

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July 13, 2026 (subhash)

Imran Khan and Others v. Amnisha and Others

Case brief

What is this about?

What did the court decide?

Imran Khan and Others v. Amnisha and Others

Case brief

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