SA/87/2024
2025 Latest Caselaw 3617 UK

Uttarakhand High Court

SA/87/2024 on 9 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office     Notes,
                   reports, orders
SL.                or proceedings
        Date       or directions and
                                                             COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order
                   with Signatures

      09.04.2025                       S.A. No. 87 of 2024
                                       Hon'ble Vivek Bharti Sharma, J.

Mr. Piyush Garg, learned counsel for the appellant.

2. Mr. Dushyant Mainali, learned counsel for the respondent.

3. This appeal is filed against the judgment and order dated 28.05.2024 and decree dated 05.07.2024 passed by 2nd Additional District Judge, Dehradun allowing the Civil Appeal No. 91 of 2021 and setting aside the judgment and order dated 21.09.2021 passed by 4th Additional Civil Judge (Senior Division), Dehradun.

4. Learned counsel for the parties would submit that there are no possibilities of amicable settlement between the parties.

5. Learned counsel for the appellant would submit that in the suit filed by the appellant in O.S. No. 534 of 2009, the finding has come that the appellant is the tenant and in the suit filed by the respondent/plaintiff for eviction and damages against the appellant, finding is that the appellant/defendant is the licensee of the property, therefore, there are two different findings in two different suits.

5. Per contra, learned counsel for the respondent/plaintiff would fairly submit that in the suit filed by the appellant there is a finding that he is the tenant and in the suit the filed by the respondent/plaintiff findings that he is the licensee; that, the appellant has not preferred any appeal against the findings of the tenant passed in the suit of the appellant.

He seeks and is granted time to take instructions and place it before the Court.

6. List this case on 30.06.2025 for hearing on admission.

7. Till the next date of listing, the effect and operation of the impugned judgment and order dated 09.05.2024 and decree dated 21.05.2024 passed by 2nd Additional District Judge, Dehradun allowing the Civil Appeal No. 91 of 2021 and the judgment and order dated 21.09.2021 passed by 4th Additional Civil Judge (Senior Division), Dehradun shall remain stayed.

(Vivek Bharti Sharma, J.) 09.04.2025 Mamta `