WPMS/1902/2023
2023 Latest Caselaw 1808 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                    COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPMS No. 1902 of 2023
                                 Hon'ble Manoj Kumar Tiwari, J.

(1) Mr. T.P.S. Takuli, learned counsel for the petitioners.

(2) Mr. Rajat Mittal, Advocate has put in appearance on behalf of the respondent.

(3) Petitioner filed an application seeking recall of the order passed by Vth Additional District Judge, Dehradun in Civil Revision No. 170 of 2022. Petitioner also moved an application before the court concerned for stay of the order, sought to be recalled, passed on 01.03.2023, which has been rejected. Thus, feeling aggrieved, petitioner has approached this Court.

(4) Learned counsel for the petitioner contends that if the impugned order passed on 18.05.2023, whereby petitioner's prayer for stay of the earlier order is not quashed, the very purpose of filing the stay application would be lost, as then the learned trial court would proceed in the matter in terms of the judgment rendered by revisional court and the counter claim of the petitioner would be rejected.

(5) Mr. Rajat Mittal, learned counsel appearing for the respondent strongly oppose the said contention and submitted that no ground is made out for setting aside the order impugned in this writ petition.

(6) Without expressing any opinion on the merits of the case, writ petition is disposed of with a request to learned revisional court to decide petitioner's recall application on or before 03.08.2023. Till then, further proceedings of Original Suit No. 156 of 2022 pending before VIIth Additional Civil Judge (S.D.), Dehradun shall remain stayed.

(7) Learned counsel for the petitioner undertakes on behalf of his client that he shall not seek any adjournment before revisional court and extend full cooperation in deciding the recall application within the deadline indicated in this order.

(Manoj Kumar Tiwari, J.) 07.07.2023 Aswal