Citation : 2025 Latest Caselaw 4929 UK
Judgement Date : 16 October, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No.2903 of 2025
16th October, 2025
Anil Goel
--Petitioner
Versus
Ranjan Kumar Chandwani & others
--Respondents
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Presence:-
Mr. Narendra Bali, learned counsel for the petitioner.
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Hon'ble Pankaj Purohit, J.
This writ petition has been filed by the petitioner before this Court, praying for a direction to the learned Civil Judge (S.D.), Haridwar, to decide the application for setting aside the ex parte decree dated 06.12.2024 (moved by the petitioner in O.S. No.232 of 2022, Ranjan Kumar Chandwani vs. Anil Goel & Others), expeditiously within fifteen days.
2. It is contended by learned counsel for the petitioner that O.S. No.232 of 2022 (Ranjan Kumar Chandwani vs. Anil Goel & Others) was instituted in the court of the learned Civil Judge (S.D.), Haridwar. The suit was decreed ex parte by judgment and decree dated 06.12.2024. When the petitioner became aware of that ex parte decree, he filed an application under Order 9, Rule 13 to set aside the said decree, which was registered as Restoration Application No.04 of 2025 (Anil Goel vs. Ramesh Kumar Chandwani & Others).
3. It is further contended by learned counsel for the petitioner that in the said application, notices were issued to the respondents and they have put in appearance in the said application on 13.10.2025 and no
objection has been filed by them as yet.
4. Having heard learned counsel for the petitioner and having perused the material on record, this Court is of the view that no case is made out in favour of the Petitioner for expeditious hearing of the application to set aside the judgment and decree dated 06.12.2024, simply for the reason that respondents put in appearance, according to petitioner, only on 13.10.2025 and they have yet not filed their objections. Accordingly, the writ petition is dismissed in limine.
5. Pending application, if any, stands disposed of accordingly.
(Pankaj Purohit, J.) 16.10.2025 AK
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