WPMS/3407/2023
2025 Latest Caselaw 1427 UK

Uttarakhand High Court

WPMS/3407/2023 on 31 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                      2025:UHC:6717
             Office Notes,
                reports,
               orders or
             proceedings
SL.
      Date   or directions                COURT'S OR JUDGE'S ORDERS
No.
                  and
              Registrar's
              order with
              Signatures
                             WPMS 3407/2023
                             Hon'ble Manoj Kumar Tiwari, J.

Mr. Nandan Arya, Advocate, for the petitioner.

Mr. M.S. Tyagi, Senior Advocate, assisted by Mr. Sunil Chandra, Advocate for the respondent no. 1, 3 and 4.

Ms. Anjali Bhargava, Advocate, for the respondent no. 2.

(2) In this writ petition, filed under Article 227 of the Constitution, petitioner has challenged judgment dated 3.10.2023, rendered by Board of Revenue in Civil Revision No. 05 of 2022-23. By the said judgment, judgment and decree passed by Assistant Collector, 1st Class, Haridwar in a partition suit on 18.11.2022 was set aside and the matter was remanded to Assistant Collector to decide the partition suit afresh. It was further provided that till decision in the partition suit, status quo shall be maintained and no third party interest shall be created by the parties. (3) Today, the matter is listed on IA No. 2 of 2025, filed by respondent no. 1, 3 and 4. Para 3 and 4 of the affidavit, filed in support of the said application, are extracted below:

"3. That the answering respondents do not want to oppose the aforesaid writ petition due to the serious, chronic illness of respondent no. 3 bedridden since 15.10.2022 when a saviour paralysis attack faced by him and since then he is under continuous medical treatment. These facts are ample clear from the medical certificate issued and prescription given to the respondent 2025:UHC:6717 no. 3 by the doctors. The copies of the medical certificate issued and prescription are being filed herewith and marked as Annexure No. 1 to this affidavit.

4. That the answering respondents have no objection if the aforesaid writ petition is decided by this Hon'ble Court confirming the order dated 18.11.2022 (contained as Annexure No. 17 to the writ petition)."

(4) Mr. M.S. Tyagi, learned Senior Counsel appearing for respondent no. 1, 3 and 4, submits that since respondent no. 3 is seriously ill, therefore, respondent no. 3, his son and wife have decided not to contest the writ petition. Mr. Tyagi submits that he has no objection if the writ petition is allowed and the judgment rendered by Board of Revenue in Civil Revision No. 5 of 2022-23 is set aside and the judgment and decree passed by the Assistant Collector in partition suit, which was set aside by the Board of Revenue, is restored. (5) Accordingly, with the consent of learned Counsel for the parties, writ petition is allowed. Judgment dated 3.10.2023, rendered by the Board of Revenue, is set aside.

(Manoj Kumar Tiwari, J.)

31.7.2025 Pr PRABODH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462

KUMAR 503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C 67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.01 09:52:11 +05'30' 2025:UHC:6717