Dismissed¶17

Kamla Devi v. Ishwar Dass and Others

Himachal Pradesh HC9 Jul 2026CR/29/2025

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What is this about?

Himachal Pradesh High Court, CR No. 29 of 2025, Kamla Devi v. Ishwar Das & others, Romesh Verma J, decided 09.07.2026: challenge to dismissal of execution petition; petition dismissed as withdrawn with liberty to file afresh; benefit of Section 14 of the Limitation Act granted; decree-holder; decree for possession; executing court; Civil Judge (Jr. Division), Palampur, Kangra; withdrawal with liberty.

What did the court decide?

Petition dismissed as withdrawn with liberty to the petitioner/decree-holder to file the execution petition afresh in accordance with law; benefit of Section 14 of the Limitation Act granted; pending applications, if any, disposed of. ¶17

Kamla Devi Vs Ishwar Dass and Others — Himachal Pradesh HC (2026) — LawSathi Research

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2026:HHC:27974

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CR No. 29 of 2025

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Date of decision: 09.07.2026.

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Kamla Devi ...Petitioner. Versus Ishwar Das & others ...Respondents.

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Coram:

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The Hon’ble Mr. Justice Romesh Verma, Judge .

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Whether approved for reporting?¹ For the petitioner : Mr. Surinder Kumar Saklani, Advocate. For the respondents : Mr. Manohar Lal Sharma, Advocate.

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Mr. Ashok K. Tyagi, Advocate, as Amicus Curiae.

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Romesh Verma, Judge (Oral):

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The instant petition has been filed by the petitioner/ decree-holder against the order as passed by the learned Civil Judge (Jr. Division), Palampur, District Kangra, H.P. dated 24.12.2024, whereby the execution petition, as preferred by the petitioner/decree holder was dismissed. 2. The facts as emerge in the present case are that the petitioner/decree-holder filed a suit for possession and admittedly, the suit came to be decreed on 27.03.2012.

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

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-2-

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Thereafter, the respondents/JDs filed an appeal before the learned Appellate Court, came to be dismissed on 22.02.2013.

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It is the case of the petitioner/decree-holder that she had filed the execution petition for executing the decree of possession passed in her favour on 27.03.2012. However, the learned Executing Court dismissed the execution petition.

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After arguing for some time, learned counsel for the petitioner/decree-holder seeks permission to withdraw the execution petition itself with liberty to file afresh, in accordance with law. He further submits that the benefit of Section 14 of the Limitation Act be also granted to the petitioner/decreeholder.

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Accordingly, the instant petition is dismissed as withdrawn with liberty as aforesaid after granting the benefit of Section 14 of the Limitation Act, strictly in accordance with law. Pending applications, if any, also stand disposed of.

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(Romesh Verma) Judge

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9^th July, 2026. (kck)

Kamla Devi v. Ishwar Dass and Others

Case brief

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Kamla Devi v. Ishwar Dass and Others

Case brief

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