WPMS/2445/2025
2025 Latest Caselaw 2562 UK

Uttarakhand High Court

WPMS/2445/2025 on 19 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes, reports, orders or
                proceedings or directions and
SL. No   Date                                                                      COURT'S OR JUDGES'S ORDERS
                     Registrar's order with
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                                                   WPMS No.2445 of 2025
                                                   Hon'ble Pankaj Purohit, J.

Mr. Yogesh Upadhyay, learned counsel for the petitioner/plaintiff.

2. This writ petition has been filed by the petitioner challenging the judgment and order dated 24.08.2023 passed by Civil Judge, S.D. Kashipur, District Udham Singh Nagar in Original Suit No.78 of 2020, Deepak Kumar vs. Geeta Rani, whereby deciding the issue no.3, the learned trial court has directed the petitioner/plaintiff to pay court fees on the consideration of the sale deed which has been put to challenge by the petitioner/plaintiff in the original suit.

3. It is contended by learned counsel for the petitioner/plaintiff that he has rightly paid the court fees on the 1/5th of the sale consideration as per the law and the learned trial court has failed into manifest error of law while directing the petitioner to pay the court fees on the entire consideration of sale deed. It is further contended by learned counsel for the petitioner/plaintiff that he is not party to the sale deed.

4. This Court finds substance in the submission made by learned counsel for the petitioner/plaintiff.

5. Issue notice to the respondent, returnable within four weeks.

6. Steps to be taken within seven days.

7. List on 14.10.2025.

8. In the meantime, further proceedings of O.S. No.78

of 2020, Deepak Kumar vs. Smt. Geeta Rani, shall remain stayed.

9. Interim relief application (IA No.1/2025) stands disposed of accordingly.

(Pankaj Purohit, J.) 19.08.2025 AK