FA/121/2018
2025 Latest Caselaw 2931 UK

Uttarakhand High Court

FA/121/2018 on 13 June, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                        COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      13.06.2025                        FA No. 121 of 2018
                                        Hon'ble Alok Kumar Verma, J.

The present Appeal has been filed under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 (in short, "CPC, 1908") challenging the order dated 09.07.2018, passed by learned Civil Judge (Senior Division), Rishikesh, District Dehradun in Original Suit No.21 of 2016, "Kamal Singh Vs. Doon Valley and Others", whereby the learned trial court has allowed the Application, filed by the respondent no.1

- defendant no.1 under Order VII Rule 11 of the CPC, 1908.

2. The said Application under Order VII Rule 11 of the CPC, 1908 was filed stating that a judgment dated 19.06.2018 was passed by the High Court of Uttarakhand in Writ Petition (PIL) No.119 of 2013, "Anuj Consul Vs. State of Uttarakhand and Others", whereby it was held that the Civil Court has no jurisdiction to entertain the case arising under the Uttar Pradesh Special Area Development Authorities Act, 1986.

3. Heard Mr. Siddhartha Singh, learned counsel for the appellant and Mr. Lokendra Dobhal, learned counsel for the respondent no.1.

4. Mr. Lokendra Dobhal, Advocate submitted that the Hon'ble Supreme Court in Civil Appeal (arising out of SLP (Civil) No.20575 of 2018) held on 30.04.2024 that the Civil Suit has been rightly dismissed by the Civil Court as being not maintainable in view of the direction contained in paragraph no.14 (vi) of the judgment of the High Court.

5. Mr. Siddhartha Singh, Advocate, has sought ten days' time to clarify the matter.

6. List on 30.06.2025.

2.

(Alok Kumar Verma, J.) 13.06.2025 Shiv/