WPMS/2699/2016
2021 Latest Caselaw 3974 UK

Citation : 2021 Latest Caselaw 3974 UK
Judgement Date : 30 September, 2021

Uttarakhand High Court

WPMS/2699/2016 on 30 September, 2021

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
     ON THE 30TH DAY OF SEPTEMBER, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 2699 of 2016

BETWEEN:

Bhagwat Sharma.                            ..........Petitioner
     (By Mr. Narendra Bali, Advocate)

AND:
Ganesh Sharma & others.                    ...Respondents
     (By Mr. Tapan Singh, Advocate for respondent nos. 1 &
     2)

                      JUDGMENT

This is plaintiff's petition under Article 227 of Constitution of India against the order dated 19.02.2016 passed by learned 3rd Additional District Judge, Haridwar in Review Application No. 15 of 2012 filed by respondent nos. 1 & 2. By the said order, Revision filed by respondent nos. 1 & 2 was allowed and the order passed by learned trial Court on 21.01.2012 was set aside and the matter was remanded back to the learned trial Court to re- consider the application filed by respondent nos. 1 & 2 seeking recall of the order dated 10.12.2010, whereby learned trial Court had restored the suit filed by the petitioner.

2. Thus, the application filed by respondent nos. 1 & 2 under Section 151 C.P.C. has been directed

by the Revisional Court to be re-considered by the trial Court while the order of restoration of suit passed on 10.12.2010 has not been disturbed.

2. Since the order impugned in this writ petition is an order of remand and no prejudice is caused to the petitioner by the said order, therefore, this Court is not inclined to entertain this writ petition.

3. In such view of the matter, the writ petition fails and is dismissed.

4. There will be no order as to costs.

5. However, this Court hopes & expects that learned trial Court shall decide the application filed by respondent nos. 1 & 2 seeking recall of the order dated 10.12.2010 as early as possible, preferably within a period of eight weeks from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan