WPMS/2898/2025
2025 Latest Caselaw 4924 UK

Uttarakhand High Court

WPMS/2898/2025 on 16 October, 2025

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                                     WPMS No. 2898 of 2025

                                     Hon'ble Ashish Naithani, J.

Mr. Neeraj Garg, learned counsel for the Petitioners.

2. The present Writ Petition, filed under Article 227 of the Constitution of India, has been instituted with the following prayer:

"(i) Issue a writ, order or direction in the nature of certiorari quashing impugned judgment and order dated 30.04.2025 passed by learned District Judge, Chamoli (Gopeshwar), in Civil Revision No. 2 of 2024- Darshan Singh Negi and Another vs. Vivek Negi and Others.

(ii) Issue a writ, order or direction in the nature of certiorari quashing impugned order dated 07.08.2024 passed by learned Civil Judge (Sr. Division), Chamoli in Civil Suit No. 33 of 2023- Darshan Singh Negi and Another vs. Vivek Negi and Others."

3. A Stay Application (Paper No. 147, I.A. No. 01 of 2025) has also been filed, praying that, during the pendency of the present Writ Petition, the effect and operation of the impugned order dated 07.08.2024 passed by learned Civil Judge (Sr. Division), Chamoli (Gopeshwar), in Civil Suit No. 33 of 2023-Darshan Singh Negi and Another vs. Vivek Negi and Others, be stayed.

4. Admit.

5. Issue notice to the Respondents.

6. Steps to be taken within a week.

7. Considering the facts and circumstances of the case, it is directed that, as an interim measure, till the next date of listing, the effect and operation of the impugned order dated 07.08.2024 passed by learned Civil Judge (Sr. Division), Chamoli (Gopeshwar), in Civil Suit No. 33 of 2023, "Darshan Singh Negi and Another vs. Vivek Negi and Others", shall remain stayed.

8. The Stay Application stands disposed of accordingly.

9. List this case on 18.12.2025.

10. In the meantime, counter affidavit, if any, be filed.

(Ashish Naithani, J.) 16.10.2025 Shiksha