IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA RSA No.183 of 2009 Reserved on: 12.03.2026 Date of Decision: 21.04.2026 Shiva Nand ...Appellant Versus f Sukh Lal Sharma & others ...Respondents _____________________________________

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ Yes For the appellant : Mr Ashok Sood, Senior Advocate, with Mr Abhishek Sood, Advocate.

For the respondents : Mr B.S. Chauhan, Senior Advocate, g with Mr Munish Dhatwalia, Advocate, for respondents Nos 1 i and 2.

None for the remaining respondents.

Rakesh Kainthla, Judge The present appeal is directed against the judgment and decree dated 09.01.2009, passed by learned District Judge

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

(Forest) Shimla, H.P. (learned Appellate Court) vide which the judgment and decree dated 07.09.2006, passed by learned Civil Judge (Junior Division), Court No. 4, Shimla, H.P. (.learned Trial Court) were set aside. (For the sake of convenience, the parties shall be referred to in the same manner as they were arrayed before the learned Trial court.

2. Briefly stated, the facts giving rise to the present appeal are that the plainti