Hon'Ble Ashish Naithani vs Pankaj Tyagi"
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Uttarakhand High Court

Hon'Ble Ashish Naithani vs Pankaj Tyagi" on 18 September, 2025

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                                      WPMS No. 1441 of 2025
                                      Hon'ble Ashish Naithani, J.

Mr. Hari Mohan Bhatia, learned counsel for the petitioner.

2. The present writ petition under Article 227 of the Constitution of India is filed by the Petitioner to set-aside the judgment dated 20.08.2024 passed in SCC Revision No.14 of 2021, titled as "Smt. Kamlesh Sachdeva vs. Pankaj Tyagi"

passed by learned 4th Additional District Judge, Haridwar (Annexure No.1) and judgment dated 15.09.2021 and order dated 28.09.2015 on Issue No.5 passed in SCC Suit No.02 of 2014, titled as "Smt. Kamlesh vs. Pankaj Tyagi" passed by Judge SCC/Civil Judge (Senior Division), Roorkee, District Haridwar (Annexure No.2) and allow the prayer of SCC Suit No.02 of 2014, titled as "Smt. Kamlesh vs. Pankaj Tyagi".

3. Learned counsel for the petitioner narrates the factual matrix of the present matter that the property in question was initially built upon a grant of lease issued by Nagar Palika now the Nagar Nigam, Roorkee in favour of one R. N. Mukerjee, who built a house upon it and there was a tenant, who at present is respondent.

4. Later, the lease holder R. N. Mukerjee sold the said property under lease to the present petitioner, Kamlesh Sachdeva. The petitioner filed a Rent Ejectment Suit before the Court of Small Causes.

5. The learned trial court rejected the suit in want of receipt of rent for the said property.

6. Aggrieved with the said order, the petitioner preferred a revision before the revisional court, but the same was also rejected, hence this present petition.

7. This Court is of the view that the matter needs deliberation.

8. Admit.

9. Issue notice to the Respondent, returnable within two weeks. Steps to be taken within one week.

10. Objections, if any, to be filed by the Respondent by the next date of listing.

11. List this matter on 04.11.2025.

12. Till the next date of listing, the effect and operation of the judgment dated 20.08.2024 passed in SCC Revision No.14 of 2021, titled as "Smt. Kamlesh Sachdeva vs. Pankaj Tyagi" passed by learned 4th Additional District Judge, Haridwar (Annexure No.1) and judgment dated 15.09.2021 and order dated 28.09.2015 on Issue No.5 passed in SCC Suit No.02 of 2014, titled as "Smt. Kamlesh vs. Pankaj Tyagi"

passed by Judge SCC/Civil Judge (Senior Division), Roorkee, District Haridwar (Annexure No.2), shall remain stayed to the extent that no third party interest will be created over the property in question.

13. Interim Relief Application (IA No.1 of 2025) stands disposed of.

(Ashish Naithani, J.) 18.09.2025 Akash