WPMS/2334/2023
2023 Latest Caselaw 2371 UK

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                                 WPMS No.2334 of 2023
                                 With
                                 IA/1/2023 (Interim Relief Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Vikas Bahuguna, learned counsel for the petitioner.

As against the judgment of 13.04.2023 passed in Suit No.176 of 2023, "Dilip Singh Vs. Bhagwan Das" by the Court of 5th Additional Senior Civil Judge, Dehradun, the same was rendered, on the basis of a compromise, which was entered into between the parties, being Paper No.17A. Being dissatisfied with the same, the petitioner has filed an application seeking recall of the judgment and decree dated 13.04.2023. The same was accompanied with an application (Paper No.6C) praying for grant of an interim protection during pendency of the application for recall of the judgment and decree dated 13.04.2023.

The Court of 4th Additional Senior Civil Judge, Dehradun by an order of 16.06.2023 Court had declined to grant the interim order.

Consequently, the writ-petition has been preferred praying for that the order dated 16.06.2023 may be quashed or in an alternative the Court of learned 4th Additional Senior Civil Judge, Dehradun may be directed to decide the Interim Application (Paper No.6C) along with recall application, as expeditiously as possible.

Without expressing any opinion on the merits of the matter and it is clarified that this Court has not dealt with any of the aspects on its own merits, this writ-petition is disposed of with the request to the Court of learned 4th Additional Senior Civil Judge, Dehradun to decide Paper No.6C filed by the applicant along with the application for recall of judgment and rendered on 13.04.2023. The said application is expected to be decided by the concerned Court within a period of two weeks from today.

For a period of two weeks, the parties to the suit will not create any third party interest.

It is made clear that this interim order, granted by this Court, may not be construed that this Court has considered the Application (Paper No.6C) on its own merits and the Court would not be influenced by the observations made by this Court while deciding the Application (Paper No.6C) filed by the petitioner along with the recall application, which has to be exclusively decided on its own merits.

Subject to the aforesaid, the writ-petition stands disposed of.

(Sharad Kumar Sharma, J.) 21.08.2023 Sukhbant