SPA/432/2022
2022 Latest Caselaw 3961 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                  HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE

                    SPECIAL APPEAL NO. 432 OF 2022

                           08TH DECEMBER, 2022

BETWEEN:
Mahendra Singh Bisht                                             .....Appellant.
And

Kumaon Uttarakhand Sainik Motor Transport Association &
another
                                                                 ....Respondents.

Counsel for the Appellant : Mr. Saurabh Kumar Pandey, learned counsel.

Counsel for the Respondent No.1 : Mr. Sudhir Kumar, learned counsel.

Counsel for the Respondent No.2 : Mr. S.S. Chaudhary, learned Brief Holder.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The appellant has preferred the present special

appeal to raise the limited challenge to the order dated

02.11.2022, passed by the learned Single Judge in Writ

Petition (M/S) No.2676 of 2022, preferred by the respondent-

Association. The appellant is arrayed as respondent no.2 in

the said writ petition.

2. The limited grievance of the appellant is that the

learned Single Judge, while observing that none of the suits

or civil proceedings initiated by the respondent-Association

before the Revenue or the Civil Courts shall be dismissed on

the ground of passing of the impugned order in the writ

petition, whereby the registration of the writ petitioner-

association has been cancelled, the rights of the appellant,

who claims to be the tenant of the respondent-Association

have not been protected. Learned counsel submits that, in

case eviction proceedings initiated by the Association are

allowed, and eviction has obtained, the same would cause

prejudice to the appellant, in the event of the writ petition

being dismissed and cancellation of registration being upheld.

3. Learned counsel for respondent-Association

appears and fairly states that the respondent-Association

shall not execute the eviction decree, even if passed, till the

pendency of the writ petition.

4. We take the said statement of the respondent-

Association on record, whereby it shall remain bound.

5. The appellant, through counsel, undertakes to

deposit the rents in terms of the order passed by the learned

Single Judge. He shall remain bound by this undertaking.

6. The appeal stands disposed of in the aforesaid

terms.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAMESH CHANDRA KHULBE, J.) Dated: 08th December, 2022 NISHANT