Uttarakhand High Court

WPMS/2015/2025 on 10 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                      2025:UHC:5981
              Office Notes,
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      Date    or directions               COURT'S OR JUDGE'S ORDERS
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                               WPMS/2015/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Dileep Chandra Mathor, Advocate with Mr. Hemant Singh Dangwal, Advocate for the petitioners.

2. A suit for mandatory injunction was filed against the petitioners by respondents which was decreed ex-parte vide judgment dated 18.12.2020. The decree-holder has put the decree in execution. Executing Court has passed order dated 26.05.2025, whereby the Court Amin was directed to visit the site and ensure handing over possession of the property in dispute to the decree-holder.

3. Petitioner has approached this Court with the contention that he had no notice of the suit and when he learnt about the judgment and decree passed by Trial Court, he immediately moved an application under Order IX Rule 13 CPC on 09.03.2021. The trial Court has not considered the said application so far and Executing Court is pressing for execution of the decree.

4. Learned counsel for the petitioners submits that if the decree is executed, then the purpose of filing application under Order IX Rule 13 CPC would be lost.

2025:UHC:5981

5. This Court finds some substance in the said submission. Having regard to the facts and circumstances of the case, the writ petition is disposed of with request to the Trial Court to consider and decide the application filed by petitioners for setting aside ex-parte decree, within six weeks from date of production of certified copy of this order.

6. For a period of six weeks or till disposal of application under Order IX Rule 13 CPC, whichever is earlier, execution proceedings shall be kept in abeyance.

(Manoj Kumar Tiwari, J.) 10.07.2025 Mahinder/

MAHINDER

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

2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f0

SINGH 31a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC46 26D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.07.10 19:42:26 +05'30'