AO/209/2025
2025 Latest Caselaw 1943 UK

Uttarakhand High Court

AO/209/2025 on 14 August, 2025

                                                                 2025:UHC:7185
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               AO/209/2025
                               Hon'ble Subhash Upadhyay, J.

Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Jitendra Chaudhary, Advocate for the appellant.

2. Mr. Siddharth Singh, Advocate for the respondents.

3. Present Appeal from Order has been preferred against the judgment and order dated 06.05.2025, passed in Original Suit No. 269 of 2024, Kuldeep Kumar & others vs. Mohit @ Chota & another, by learned Civil Judge, (S/D), Haridwar, District Haridwar, whereby the temporary injunction application 7C2 filed by the plaintiff/respondent nos. 1 to 3 had been allowed and the appellant /defendant no.2 had been restrained from raising any construction over the property in dispute.

4. Learned counsel for the respondents submits that the valuation of the suit as depicted in the present AO is Rs. 3,03,556/-.

5. Objection was raised by the respondents that the present Appeal is not maintainable before the High Court, as the valuation of the Appeal is Rs.3,03,556/-, whereas learned District Judge, Haridwar as an Appellate Court has Jurisdiction to entertain, hear and decide the Appeal upto the valuation of Rs. 15 Lakhs.

2025:UHC:7185

6. A report was sought from the Registry and the report reveals that in view of "The Uttarakhand Civil Laws (Amendment) Act, 2021 (Uttarakhand Act No. 10 of 2022), and the Amendment to Section 21 of the Bengal, Agra and Assam Civil Courts Act, 1887, now, the Appellate Court has jurisdiction upto valuation of Rs. 15 Lakhs.

7. On this, learned counsel for the appellant submits that he may be permitted to withdraw the present Appeal from Order and to file an Appeal before the District Judge, Haridwar. He further submits that two weeks' time may be granted to file the aforesaid Appeal before the District Judge, Haridwar and the District Judge, Haridwar may be directed to condone the delay, if any.

8. In view of the above submissions made by learned counsel for the parties, it is directed that in case an Appeal is filed before the District Judge, Haridwar within a period of two weeks from today, then the Application for Condonation of delay shall be considered by the District Judge, Haridwar taking in view the fact that the appellant was pursuing his remedy before this Court.

9. With the aforesaid direction, present Appeal from Order stands disposed of.

(Subhash Upadhyay, J.) 14.08.2025 Kaushal 2025:UHC:7185