WPMS/3074/2025
2025 Latest Caselaw 5293 UK

Uttarakhand High Court

WPMS/3074/2025 on 6 November, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  WPMS No.3074 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Ramji Shrivastava and Mr. Vishesh Shrivastava, learned counsel for the petitioners-plaintiffs.

2. By means of the present writ petition under Article 227 of the Constitution of India, petitioners-plaintiffs have put to challenge the judgment and order dated 20.09.2025 (Annexure No.8 to the writ petition) passed by learned Civil Judge (Sr. Div.), Vikasnagar, District Dehradun in Original Suit No.120 of 2018 Himadari Verma and Another Vs. Sunil Kumar Verma and Others, by which the application/ paper No.296C2 filed by the respondent-defendant Nos.1 and 2 was disposed of, whereby, the Paragraph Nos.4, 45, 47, 51, 52 and 53 were directed to be non-readable rather deleted from the affidavit filed in examination in- chief of the petitioners-plaintiffs.

3. It is contended by learned counsel for the petitioners-plaintiffs that the aforesaid Original Suit was filed for cancellation of sale deeds executed by the respondent- defendant Nos.3 & 4 in favour of the respondent-defendant Nos.1 & 2. The application was made by the respondent- defendant Nos.1 & 2 in the suit when the affidavit as examination in-chief of the petitioners-plaintiffs was filed to delete aforesaid paragraphs from the affidavit filed as examination in-chief and the learned Trial Court has directed as stated above. It is feeling aggrieved, petitioners- plaintiffs are before this Court.

4. It is further contended by learned counsel for the petitioners-plaintiffs that the order passed by the learned Trial Court is illegal and without any provisions of law.

5. This Court finds substance in the submission made by learned counsel for the petitioners-plaintiffs inasmuch as that the respondents-defendants are free to cross-examine the petitioners-plaintiffs on the averment made in the affidavit filed in examination in-chief.

6. In such view of the matter, this Court is inclined to issue notices to respondents- defendants, returnable within four weeks.

7. Steps to be taken within 7 days.

8. Put up on 30.12.2025.

9. In the meantime, proceedings of Original Suit No.120 of 2018 Himadari Verma and Another Vs. Sunil Kumar Verma and Others, pending in the Court of learned learned Civil Judge (Sr. Div.), Vikasnagar, District Dehradun, shall remain stayed.

10. Stay Application (IA/1/2025) stands disposed of.

(Pankaj Purohit, J.) 06.11.2025 PN