"Smt. Sudesh vs Smt. Deepa And
2025 Latest Caselaw 6411 UK

Uttarakhand High Court

"Smt. Sudesh vs Smt. Deepa And on 18 December, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

SL.          Office Notes,
No.   Date      reports,
               orders or                    COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             IA No. 02 of 2025 (Misc. Application )
                             In
                             FA No. 180 of 2022

                             Hon'ble Rakesh Thapliyal, J.

1. Mr. Nikhil Singhal, learned counsel for the appellant.

2. Mr. Siddhartha Singh, learned counsel for respondent no.2.

3. IA No. 02 of 2025 has been moved by the appellant/plaintiff for transfer of

of 2022 and Civil Appeal No. 50 of 2022 "Smt. Sudesh vs. Smt. Deepa and others" pending in the court of 2nd Additional District Judge, Haridwar. It is pointed out by learned counsel for the appellant that two suits were filed by the present appellant bearing O.S. No. 81 of 2013 for declaration and O.S. No. 154 of 2012 for injunction. In O.S. 154 of 2012 the counter claim was filed by the defendant. Both the suits were decided by the common judgment and decree dated 27.07.2022 passed by learned Civil Judge (Senior Division) Haridwar.

4. The instant first appeal has been filed challenging the aforesaid judgment and decree passed in O.S. No. 81 of 2013. The two civil appeals i.e. Civil Appeal No. 49 of 2022 and Civil Appeal No. 50 of 2022 have also been filed in the Court of Additional District Judge, Hardwar as per the valuation. Now the instant application has been moved that both the suits are in between the same party and in respect of the same property, therefore, the appeals filed before the learned Additional District Judge, Haridwar, is required to be heard along with this appeal, therefore, the appeal filed before the Additional District Judge be transferred to this Court.

5. Mr. Siddhartha Singh, learned counsel for the respondent have not raised any objection and also submits that the civil appeals filed before the learned Additional District Judge should be heard along with this appeal.

6. In such view of the matter, IA No. 02 of 2025 is allowed. Let the entire record of Civil Appeal No. 49 of 2022 and Civil Appeal No. 50 of 2022 "Smt. Sudesh vs. Smt. Deepa and others"

pending in the court of 2nd Additional District Judge, Haridwar be treated to be transferred to this Court, and the Registry is directed to get the entire record by way of sending the requisition and after receiving the record of both the appeals, the same be listed along with this appeal in the week commencing 23.02.2026.

(Rakesh Thapliyal, J.) 18.12.2025 Nahid