WPMS/1280/2021
2021 Latest Caselaw 2270 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                   COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures

                                      WPMS No.1280 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing)

Mr. Piyush Garg, Advocate for the petitioner.

The petitioner before this Court in the present writ petition is an appellant of a regular civil appeal, which he has preferred before the court of District Judge, Rudrapur District Udham Singh Nagar.

Being aggrieved against the judgment and decree, which was rendered by the learned Civil Judge (Sr. Div.), Rudrapur, District Udham Singh Nagar, on 08.03.2021, in a regular suit being Civil Suit No.10956 of 2013 Rajveer Singh vs. Amarjeet Singh and others, and as a consequence of the decreeing of suit by the judgment of 08.03.2021, the learned trial court has decreed the suit and as a consequence thereto, had declared the registered gift deed dated 02.03.2010 by respondent no.2, executed in favour of the petitioner as to be null and void.

The cause of action for the petitioner to file the present writ petition has arisen because of the fact that when he instituted the regular civil appeal, it accompanied a stay application on the ground that under the strength of the decree of the trial court, the plaintiff have filed an application for mutation in Nagar Nigam and on their application for mutation, the notices have been issued and the petitioner apprehending that if the mutation is carried in pursuance to the impugned decree, which is under challenge in the regular civil appeal, it may prejudice his rights.

But, very candidly the counsel for the petitioner has informed the Court, that today he has filed yet another writ petition being Writ Petition No.1278 of 2021 (M/S) Amarjeet Singh vs. Nagar Nigam Rudrapur, District Udham Singh Nagar, as against notices, which were issued by the Nagar Nigam for the purposes of carrying out the mutation, as a consequence of the judgment and decree dated 08.03.2021, in which the Coordinate Bench of this Court has already stayed the proceedings of mutation, which is pending consideration before the Nagar Nigam.

In these changed, peculiar circumstances, this writ petition is being disposed of with a request to the District Judge, Rudrapur, District Udham Singh Nagar, to consider the admission of the appeal, as well as the stay application on the next date fixed that is being informed, that it is 09.07.2021 and if it is not possible to hear the appeal for admission, which has to be considered as a matter of right under Section 96 of the Act, the appellate court will pass an appropriate order on it at least within one week thereafter.

Subject to the above observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 07.07.2021 Arti `