WPMS/2195/2025
2025 Latest Caselaw 1315 UK

Uttarakhand High Court

WPMS/2195/2025 on 24 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

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                              WPMS 2195/2025
                              Hon'ble Manoj Kumar Tiwari, J.

Mr. Siddhartha Singh, Advocate, for the petitioners.

(2) Petitioner has challenged order dated 5.5.2025, passed by Civil Judge (Jr. Div.), Dehradun in OS No. 139 of 2023. By the said order, the preliminary issue that the suit filed by respondent is barred by res judicata was decided against the petitioners, by holding that appeal against the judgment and decree, passed in OS No. 90 of 2004, is still pending. (3) Learned Counsel for the petitioners submits that the judgment and decree, passed in OS No. 90 of 2004, has attained finality after dismissal of Civil Appeal No. 157 of 2017 by 6th Additional District Judge, Dehradun vide judgment dated 22.9.2023. Thus he submits that the revisional court also erred in not considering this vital aspect of the matter. (4) Issue notice to respondent, by all permissible modes, returnable within four weeks. Steps be taken within 24 hours. (5) List on 11.9.2025 immediately after fresh cases.

(6) Till the next date of listing, further proceedings in OS No. 139 of 2023 shall remain stayed.

(7) Stay application (IA/1/2025) stands disposed of.

(Manoj Kumar Tiwari, J.) 24.7.2025 Pr