Lal Nagpal vs Shyam Lal Nagpal (Annexure No.1)
2025 Latest Caselaw 4753 UK

Uttarakhand High Court

Lal Nagpal vs Shyam Lal Nagpal (Annexure No.1) on 9 October, 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.2862 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Mohd. Shafy, Advocate for the petitioners.

2. Mr. Anil K. Dabral, Additional C.S.C. with Mr. Sudhir Nainwal, S.C. for the State.

3. This writ petition has been filed by the petitioners- defendants under Article 227 of the Constitution of India, assailing the order and judgment dated 20.11.2024 passed by the learned IV Additional Civil Judge (S.D.), Rudrapur, Udham Singh Nagar in Civil Suit No. 179 of 2014, Ramesh Lal Nagpal vs. Shyam Lal Nagpal (Annexure No.1), as well as the judgment and order dated 27.09.2025 passed by the learned District Judge, Rudrapur, Udham Singh Nagar in Civil Revision No. 97 of 2024 (Annexure No.2), whereby the revision petition preferred by the petitioners-defendants was partly dismissed.

4. It is the case of the petitioners-defendants that Original Suit No. 179 of 2014 was instituted by respondent- plaintiff no.1 against the petitioners-defendants for permanent injunction and partition. Subsequently, by way of an amendment, relief for declaration seeking cancellation of a deed of partition and freehold deed were also inserted in the relief clause. An application was moved by the respondent-plaintiff on 24.02.2023 (Paper No. 254-C) under Order 23 Rules 1 and 3 of the C.P.C., praying for withdrawal of the reliefs relating to partition of property and declaration, with liberty to institute a fresh suit for the same.

5. The said application was opposed by the petitioners- defendants by filing objections (Application No. 263-C), primarily contending that after a lapse of nine years, permission for withdrawal of relief should not be granted. It was further submitted that if a new suit is filed for the withdrawn relief, the same would be barred by limitation.

6. The applications/objection (Paper Nos. 254-C and 263- C) were decided by the trial court vide the impugned judgment and order dated 20.11.2024, whereby the application of the respondent-plaintiff was allowed, subject to payment of costs of ₹5,000/- to the petitioners- defendants.

7. Feeling aggrieved by the said order dated 20.11.2024, the petitioners-defendants filed Civil Revision No. 97 of 2024, Anjali Nagpal and Others vs. Ramesh Lal Nagpal and Another, before the learned District Judge, Udham Singh Nagar. The said revision petition was partly allowed.

8. The order dated 20.11.2024 passed by the trial court was modified by the revisional court to the extent that the suit, insofar as it pertains to the relief of declaration and partition, may be instituted afresh, subject to the provisions of the Limitation Act, 1963.

9. Learned Senior Counsel for the petitioners-defendants contended that the impugned orders are bad in law inasmuch as the application for withdrawal of relief was moved after a lapse of nearly nine years. It was argued that such an order ought not to have been passed by the trial court, nor affirmed or modified by the revisional court. He further contended that the impugned orders have been passed in the teeth of the provisions of Order 2 Rule 2 of the

C.P.C. and, therefore, cannot sustain.

10. This Court is of the view that a detailed scrutiny is required, and for that purpose, the respondent-plaintiff should join the proceedings of this writ petition.

11. Issue notice to respondent no.1, returnable within four weeks.

12. Steps to be taken within one week.

13. List this case on 10.12.2025.

14. Respondent(s) may file their counter affidavit(s) within four weeks.

15. Till the next date of listing the proceedings of Original Suit No. 179 of 2014, Ramesh Lal Nagpal Vs. Shyam Lal Nagpal, pending in the court of learned IVth Additional Civil Judge (S.D.), Rudrapur, Udham Singh Nagar as well as the orders dated 20.11.2024 and 27.09.2025, shall remain stayed.

16. Stay Application (IA No.1 of 2025) stands disposed of accordingly.

(Pankaj Purohit, J.) 09.10.2025 SK