Uttarakhand High Court
WPMS/738/2026 on 1 April, 2026
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
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01.04. WPMS No.738 of 2026
2026 Hon'ble Alok Kumar Verma, J.
In the pending proceedings for the final decree in a partition suit, the petitioner no.1- defendant no.1 filed an application stating that a loan was taken on the joint property by all the co- sharers on 12.06.2026, therefore, it was prayed that the loan instalments be adjusted in the final decree. The said application was rejected by the learned Ist Additional Civil Judge (Senior Division), Haridwar. A Civil Revision (No.21 of 2026) was filed against the said order dated 25.02.2026. Learned District Judge, Haridwar has declined to grant stay order. Hence, the present writ petition.
2. Heard Mr. Kirti Saran Agarwal, learned counsel for the petitioners.
3. Mr. Kirti Saran Agarwal, Advocate, has relied upon a judgemnt of the Hon'ble Supreme Court in "Thacker Pragji Anandji vs. Mansukh Ambala (Dead) through his heirs and LRs. and Another", 1997 AIR Supreme Court 1787.
4. Admit.
5. Notice is being issued to the respondents. Steps to be taken within three days by all the permissible modes.
6. List on 30.04.2026. Till then, the further proceedings of Original Suit No.286 of 2015, pending before the court of learned Ist Additional Civil Judge (Senior Division), Haridwar, are stayed.
(Alok Kumar Verma, J.) 01.04.2026 Pant/