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2025 Supreme(HP) 4

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Bipin Chander Negi, J
Roshani – Appellant
Versus
Ramesh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Varun Chauhan, Advocate.
For the Respondents: Nemo.

JUDGMENT :

Bipin Chander Negi, J.

The present petition has been filed seeking the following relief:-

“a. That the present writ petition may kindly be allowed and the impugned order dated 19.03.2025 passed by the learned Rent Controller, Mandi in Rent Petition No.1 of 2017 may kindly be quashed and set aside and the application filed by the petitioner/tenant for examining one official witness of Municipal Corporation, Mandi may kindly be allowed.”

2. Heard counsel for the petitioner and perused the pleadings and the documents appended along with the present petition.

3. The petitioner is the respondent before the trial Court. In a landlord-tenant dispute, the petitioner is the tenant. From a perusal of the impugned order dated 19.03.2025, it is evident that the matter for production of petitioner’s witnesses (DWs) was for the first time listed on 26.07.2023. Thereafter, for the said purpose, the matter was listed on 13.09.2023, 24.11.2023, 03.01.2024, 09.05.2024 and 26.12.2024. On 26.12.2024, the trial Court had made it absolutely clear that if no witnesses appear on behalf of the present petitioner (DWs), then the evidence of the petitioner would be deemed to be closed by the order of t

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