WPMS/738/2018
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Uttarakhand High Court

WPMS/738/2018 on 22 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                                                                                                        2024:UHC:8695
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                           COURT'S OR JUDGE'S ORDERS
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                               WPMS No.738 of 2018
                               Hon'ble Manoj Kumar Tiwari, A.C.J.

                                     There is no representation for the
                               petitioner.
                                     Mr. Pratul Kumar, Advocate, holding
                               brief of Mr. Devang Dobhal, Advocate for
                               the respondent.

2. This is defendant's petition seeking the following relief:

"1. Set aside the impugned judgment dated 29.11.2017 passed in Civil Revision No.121/2017 (Annexure-8) passed by Ist Additional District Judge Rishikesh as well as order dated 23.5.2017 (Annexure-7) passed in O.S. No.20/2011 "Pooran Singh Vs. Gajendra Singh" by Civil Judge (JD) Rishikesh."

3. From the pleadings made in the writ petition, it is revealed that, in a suit for declaration filed by respondent, petitioner moved an application under Order 7 Rule 11 C.P.C. with the contention that the suit can only be tried by Revenue Court. The said application filed by petitioner was rejected. Petitioner challenged the said order in a Revision, which was dismissed by learned Ist Additional District Judge, Rishikesh, Dehradun vide judgment dated 29.11.2017.

4. As per report received from the Court of Civil Judge (Junior Division), Rishikesh, Original Suit No.20 of 2021 filed by respondent has been decided on merits vide judgment dated 10.01.2023. After decision in the suit, the relief, as claimed by the petitioner, do not survive.

5. Accordingly, the writ petition fails and is dismissed.

(Manoj Kumar Tiwari, A.C.J.) 22.11.2024 Arpan

ARPAN JAISWAL

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2024.11.22 17:32:05 +05'30' 2024:UHC:8695