IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.162 of 2010 Date of decision : May 31, 2010 Pyare Lal …Petitioner. Versus Krishna Sood and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Romesh Verma, Advocate. For the Respondents : None. Surjit Singh, J (Oral) Heard and gone through the record. 2. Petitioner, claiming himself to be the tenant in certain premises, has filed a suit for issuance of permanent prohibitory injunction, restraining the respondents/landlords, from dispossessing him from the tenanted premises, which are in the form of a house, except by due process of law. Also, he filed an application for temporary injunction, under Order 39 Rules 1 & 2 of the Code of Civil Procedure. Defendants- respondents took the plea that the premises let out to the plaintiff-petitioner are no more in existence, as the same were gutted in a fire that broke out in the year 2008. 3. The two Courts below have dismissed the application for temporary injunction, taking the view that the premises having gutted in fire, there was no question of issuing any injunction. Whether reporters of the local papers may be allowed to see the judgment? …2… 4. Notice of the present petition was issued to the respondents. They have not put in appearance, despite service. So, they are proceeded against ex-parte. 5. There is a report of Local Commissioner, named Shri Rajiv Sharma, on record. The same is Annexure P-7. A reading of the report shows that the Local Commissioner had been appointed by the appellate Court. As per this report, there exists one room on the spot, which was locked and the key to open that lock was produced by Shri Tota Ram, attorney of the present petitioner. Though the room is stated to be in dilapidated condition, the fact remains that it does exist on the spot. 6. In view of the abovestated position, petition is disposed of with the order that during the pendency of the suit, instituted by the petitioner, respondents shall not dispossess the petitioner from the room, referred to in report Annexure P-7 of Local Commissioner Shri Rajiv Sharma, except by due process of law. Pending application, if any, also stands -disposed of, in view of the disposal of the main petition. May 31, 2010(sd) ( Surjit Singh ), J