WPMS/3472/2025
2025 Latest Caselaw 6302 UK

Uttarakhand High Court

WPMS/3472/2025 on 15 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.3472 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, Advocate for the petitioners, through video conferencing.

2. This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioners have challenged the judgment and order dated 08.08.2025, passed by learned Ist Additional District Judge, Roorkee, Haridwar in S.C.C. Revision No.1 of 2022, whereby the said s.c.c. revision filed by the respondent was allowed and the judgment and order dated 01.12.2021, passed by Judge S.C.C. (Civil Judge) (J.D.), Roorkee, Haridwar, in S.C.C. Suit No.4 of 2013 has been set aside.

3. It is the main contention of learned counsel for the petitioners that the respondent, in earlier round of litigation, has admitted that he was tenant of the petitioners' Waqf Dargah Hazrat Makdoom Alauddin Ali Ahmad Sabir Sahab Rehamtulla Aleh, Piran-E-Kaliyar, Haridwar, but the revisional court has committed illegality by recording finding that petitioners failed to establish their ownership over the said property.

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

5. Steps to be taken within three days.

6. List this case on 25.02.2026.

7. In the meantime, respondent shall not create any third party interest in respect of the suit property.

8. Stay Application (IA No.1 of 2025) stands disposed- off accordingly.

(Pankaj Purohit, J.) 15.12.2025 SK