IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No.36 of 2007 Reserved on: 26.02.2026 Date of Decision: 10.03.2026 Bainsu(deceased) through LRs ....Appellants.

Versus Budhia & others …..Respondents.

Coram r Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1 No.

For the Appellants : Mr R.K. Sharma, Sr. Advocate, with C Ms Vidushi Sharma, Advocate.

For the Respondents : Mr Nimish Gupta, Advocate.

Rakesh Kainthla, Judge The present appeal is directed against the judgment & decree dated 07.12.2006, passed by learned Additional District Judge, Fast Track Court, Chamba, vide which the appeal filed by the respondent no. 1-Budhia (plaintiff no. 2 before learned Trial Court) was allowed, and the judgment and decree passed by learned Civil Judge (Senior Division), Chamba (learned Trial Court) were set aside. (Parties shall hereinafter be referred to in the

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

same manner as they were arrayed before the learned trial Court for convenience) .

2. Briefly stated, the facts giving rHise to the present appeal are that the plaintiffs filed a Civil Suit before the learned Trial Court for seeking a declaration