Tareef And Another vs Raunak Ram Bansal (Deceased) And
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Uttarakhand High Court

Tareef And Another vs Raunak Ram Bansal (Deceased) And on 10 October, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.2875 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Bhuwan Bhatt, Advocate for the petitioners.

2. This writ petition has been filed under Article 227 of the Constitution of India by the petitioners-plaintiffs for challenging the judgment dated 16.01.2025, passed by the Board of Revenue, Dehradun in Revision No.41 of 2023-24, Tareef and another Vs. Raunak Ram Bansal (deceased) and others, whereby the revisional court set aside the order dated 13.02.2024, passed by the learned Collector, Dehradun, by which the substitution application moved by the petitioner-plaintiff nos.2, 3 and 4 was allowed.

3. It is contended by counsel for the petitioner-plaintiff nos.2, 3 and 4 that the order passed by the revisional court is based on the reason that the application should have been filed under Order 22 Rule 5(1) of C.P.C. and not under Order 22 Rules 2 and 3.

4. It is contended by counsel for the petitioner-plaintiff nos.2, 3 and 4 that the Order 22 Rule 5(1) would be attracted only when there is a dispute with regard to the legal heirs of the deceased and here in the case in hand there is no such dispute between the parties.

5. This Court finds force in the submission made by counsel for the petitioner-plaintiff nos.2, 3 and 4.

6. Issue notice to the respondents, returnable within four weeks.

7. Steps to be taken within a week.

8. List this case on 08.12.2025.

9. In the meantime, judgment and order dated

16.01.2025 impugned in the present writ petition shall remain stayed.

10. Stay Application (IA No.1 of 2025) stands disposed-off accordingly.

(Pankaj Purohit, J.) 10.10.2025 SK