CLR/80/2025
2025 Latest Caselaw 2543 UK

Uttarakhand High Court

CLR/80/2025 on 18 August, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                      Office Notes,
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         Date                                        COURT'S OR JUDGES'S ORDERS
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      18.08.2025                        CLR No. 80 of 2025
                                        Hon'ble Alok Kumar Verma, J.

The proposed Civil Revision has been filed against the order dated 15.05.2025, passed by learned Civil Judge (Senior Division), Kashipur, District Udham Singh Nagar in Execution Case No.2 of 2021, "Smt. Kamini Agarwal Vs. Dalvinder Singh and Others".

2. Heard Mr. Siddhartha Singh, learned counsel for the proposed revisionist, the judgment-debtor no.5.

3. The Original Suit (OS No. 26 of 2009) was decreed for specific performance with cost. The cost, i.e. Rs.96,643/-, has not been deposited. The learned Judge vide impugned order dated 15.05.2025 held that the decree holder will be entitled to deduct the said suit expenses, i.e. Rs.96,643/- from the sale consideration. Therefore, the Executing Court has granted permission to the decree holder to deposit the remaining consideration, i.e. Rs.5,83,357/- after deducting the cost of the case, i.e. Rs.96,643/- from the remaining consideration of Rs.6,80,000/-.

4. In the facts and circumstances of the case, it seems appropriate to grant an opportunity of hearing to the decree holder even before passing any order on Admission.

5. Notice is issued to the respondent no.1-decree holder. Steps to be taken within three days, as prayed.

6. List on 28.08.2025.

(Alok Kumar Verma, J.) 18.08.2025 Shiv/