IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 120 of 2011 Decided on: 18.08.2011 Nika Ram & another …Petitioners. Versus Devi Rup @ Ram Chander …Respondent. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. Virender Singh Chauhan, Advocate. For the respondent: Mr. R.L. Chaudhary, Advocate. Deepak Gupta, J. (Oral) By means of this petition, the petitioners have challenged the order dated 14th October, 2009, passed by the learned District Judge, Mandi, whereby he allowed the appeal of the respondent (hereinafter referred to as the defendant) and vacated the stay order dated 02.06.2009 passed by learned Civil Judge (Senior Division), Court No. 2, Mandi, restraining the defendant raising any construction over the suit land. 2. The order in question was passed on 14th October, 2009 and the present petition was filed on 6th April, 2011. The 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. -: 2 :- only explanation given for the delay is that the defendant was not raising any construction since notice had been served upon by SADA. The second explanation is that the petitioner/plaintiff was not well. In my view, the petitioner/plaintiff cannot take benefit of the notices, if any, issued by the SADA. If he was aggrieved by the order in question, he should have approached this Court immediately. No doubt, no limitation is prescribed under Article 227 of the Constitution of India, but a person who is aggrieved by an order, must approach the Court with promptitude and must explain why he could not come to the Court immediately after the order was passed. 3. Therefore, without going into the merits of the case, I am of the opinion that the petition has to be rejected on the grounds of delay and laches. The same is accordingly rejected. However, keeping in view the nature of the suit and also the fact that the case is now listed for plaintiffs' evidence, the present petition is disposed of with a direction to the learned trial Court to dispose of the suit itself latest by 30th June, 2012. (Deepak Gupta) Judge August 18, 2011 (rajni)