WPMS/529/2024
2025 Latest Caselaw 3760 UK

Uttarakhand High Court

WPMS/529/2024 on 28 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                                           2025:UHC:7642
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  WPMS No.529 of 2024
                                  Hon'ble Pankaj Purohit, J.

Mr. Siddhartha Singh and Mr. D.S. Negi, learned counsel for the petitioners.

2. Mr. M.S. Tyagi, learned senior counsel assisted by Mr. Chandra Prakash, learned counsel for the respondent.

3. By means of the present writ petition filed under Article 227 of the Constitution of India, petitioners have challenged the judgment dated 21.04.2023 passed by learned Senior Civil Judge, Roorkee, in Misc. Case No.28 of 2021 Ankit Kumar and Ors. Vs. Dharampal, whereby, application under Section 28(1) of the Specific Relief Act, 1963, filed by petitioners/judgment debtors-defendants for rescission of contract dated 04.07.1980 was rejected, as well as the judgment dated 17.02.2024 passed by learned First Additional District Judge, Roorkee, in Civil Revision No.6 of 2023 Ankit Kumar and Ors. Vs. Dharampal, whereby, said civil revision was dismissed. These proceedings have arisen out of the suit of specific performance.

4. Learned senior counsel for the respondent-plaintiff submits that pursuant to judgment and decree dated 26.08.1983 passed by the learned Trial Court in Original Suit No.83 of 1982 between Dharampal Vs. Rajaram, now during the 2025:UHC:7642

pendency of the execution proceedings, the sale deed has been executed by the learned Executing Court in favour of the respondent/plaintiff-Dharampal.

5. Learned senior counsel for the respondent-plaintiff supplied the copy of sale deed along with registration fee before this Court, which is taken on record.

6. In view of the subsequent event of execution of sale deed pursuant to the decree, which was put to execution, the present writ petition has rendered infructuous.

7. Accordingly, the present writ petition is dismissed as infructuous.

8. Pending application(s), if any, stands disposed of.

(Pankaj Purohit, J.) 28.08.2025 PN