FA/121/2018
2025 Latest Caselaw 4375 UK

Uttarakhand High Court

FA/121/2018 on 17 September, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      FA No. 121 of 2018

                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Siddhartha Singh, learned counsel for the appellant.

2. Mr. Lokendra Dobhal, learned counsel for respondent nos. 2 and 3.

3. The suit filed by the present appellant was dismissed on the basis of the judgment rendered by this court in WP(PIL) No. 119 of 2013.

4. Against the judgment passed in WP(PIL) the present appellant approached to the Hon'ble Apex Court and filed a Civil Appeal No. 5620 of 2024 and the Civil Appeal was disposed of finally on 30.04.2024 by giving liberty to the present appellant to file a review petition in the PIL. This liberty was given to the present appellant keeping in view of the fact that civil suit was dismissed by the Civil Court as being not maintainable in view of the direction contained in paragraph 14(vi) of the judgment passed in the PIL.

5. Learned counsel for the appellant Mr. Siddhartha Singh submits that the present appellant by availing the liberty as given by the Hon'ble Apex Court filed a review petition, which is listed before the Division Bench today itself, and submits that the fate of the instant First Appeal shall depend on the outcome of the pending review petition.

6. Mr. Siddhartha Singh, learned counsel for the appellant, also submits that earlier when the instant First Appeal was admitted the interim order was there but it was never been extended and as on date there is no interim order.

7. Put up this matter immediately after Dussehra vacation.

(Rakesh Thapliyal, J.) 17.09.2025 PR