IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 336 of 2010 Date of decision: 15.9.2010 Lal Singh and another Petitioners. Versus Gorkhiya Ram and others Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. Vivek Singh Thakur, Advocate. For the respondents: None. Deepak Gupta, J. (oral) 1. This petition is totally misconceived. By means of this petition, the petitioners have challenged the judgement and decree passed by the learned District Judge (Forest), Shimla on 1.11.2007 whereby the appeal filed by the petitioners was partly allowed and the judgement and decree passed by the learned Civil Judge (Jr. Division) Court No.4, Shimla in Civil Suit No. 376/1 of 1999/97 was modified to the limited extent that the defendant/respondent No.1 was restrained from alienating and changing the nature of the suit land in his possession. 2. Now, by means of this petition, the petitioner is challenging the judgement and decree of the learned 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes. 2 lower appellate Court. A remedy of appeal was available to the petitioners and second appeal could have been filed in terms of Section 100 of the CPC. No such appeal was filed. The judgement and decree now under challenge was passed in the year 2007 and there is no explanation whatsoever in the petition as to why for three years no action was taken in the matter. Therefore, I find no merit in the petition, which is accordingly dismissed in limine. 15th September, 2010 (Deepak Gupta), J. ™