WPMS/21/2011
2021 Latest Caselaw 3506 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
     ON THE 7TH DAY OF SEPTEMBER, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 21 of 2011

BETWEEN:

Smt. Manuli Devi & others.                ..........Petitioners
     (By Mr. Chandramauli Shah, Advocate)

AND:
Sri Ravindra Singh Bisht.                   ...Respondent
     (By Mr. Ravi Babulkar, Advocate)


                      JUDGMENT

In this writ petition, petitioners have challenged the order of eviction passed by learned Judge, Small Cause Court, as affirmed in Revision.

2. Learned counsel for petitioners submits that, subsequently, petitioners have filed a suit for declaration of their title over the premises in question and the said suit was decreed in favour of the petitioners on 05.07.2013 and the First Appeal filed by the respondent, against judgment & decree dated 05.07.2013, has been dismissed by the First Appellate Court on 04.06.2019.

3. Learned counsel for the respondent does not dispute the submission made on behalf of the petitioners, however, he points out that the Second Appeal has been filed against the judgment of learned

trial Court as well as judgment rendered by First Appellate Court, which is pending before this Court.

4. Since the petitioners have now been declared to be the owner of the premises in question, therefore, the judgment rendered by learned Judge, Small Cause Court, as affirmed in the Revision, does not survive.

5. Accordingly, the writ petition is dismissed as infructuous.

(MANOJ KUMAR TIWARI, J.) Arpan