Dera Baba Dargah Singh Through Manager ... vs Ravindra Kumar And Others
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Uttarakhand High Court

Dera Baba Dargah Singh Through Manager ... vs Ravindra Kumar And Others on 1 April, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                                                     2026:UHC:2286

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                      1st APRIL, 2026

       WRIT PETITON NO. 765 of 2026 (M/S)

Dera Baba Dargah Singh through Manager and Mahant
and Another                         .....Petitioners

                                Versus

Ravindra Kumar and Others                       ....Respondents


Counsel for the Petitioners :         Mr. Narendra Bali,
                                      Advocate.


Hon'ble Alok Kumar Verma,J.

This writ petition has been filed by the

petitioners - plaintiffs under Article 227 of the

Constitution of India with the following prayers:-

"(i) Issue a writ, order or direction, directing the Learned Civil Judge (J.D.), Haridwar to decide the application under Order VII Rule 11 CPC and application under Order XXXIX Rules 1 & 2 CPC expeditiously within a fixed time frame, and till then direct the parties to maintain status quo over the property in question and also not to create any third party interest over the property in question, during pendency of the Original Suit No.123 of 2016, "Dera Baba Dargah Singh & Another vs. Ravindra Kumar & Others" before the Learned Civil Judge (J.D.), Haridwar.

(ii) Pass any other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.

(iii) Award the cost of petition to the Petitioner."

2. Heard Mr. Narendra Bali, learned counsel for

the petitioners.

3. Mr. Narendra Bali, Advocate, has contended

2026:UHC:2286 that the Original Suit (O.S. No.123 of 2016, "Dera Baba

Dargah Singh through Manager & Mehant and Another

vs. Ravindra Kumar and Others") was decreed ex-parte

on 03.04.2018. An Execution Application was filed. The

respondents - defendants filed an application under

Order IX Rule 13 read with Section 151 of the Code of

Civil Procedure, 1908 along with delay condonation

application. The Application, filed under Order IX Rule

13 CPC, was allowed on 20.05.2019. The respondents

did not file their written statements. The trial court

granted them last opportunity to file written

statements. The respondents failed to file their written

statements. Then, the learned trial court proceeded ex-

parte against them. On the application of the

respondents- defendants, the ex-parte order was

recalled on 18.04.2022. The respondents - defendants

filed their written statements on 17.05.2022. Issues

and additional issues were framed. The respondents

filed an Application under Order VII Rule 11 CPC on

20.03.2023, which is still pending.

4. Mr. Narendra Bali, Advocate, on instructions,

received from the petitioner, has requested to decide

the present writ petition with a direction to the learned

trial court to decide the Application, filed under Order

2026:UHC:2286 VII Rule 11 CPC, within four weeks.

5. Having heard, in the facts and circumstances

of this case, the learned Civil Judge (Junior Division),

Haridwar is directed to decide the Application, filed

under Order VII Rule 11 CPC in Original Suit No.123 of

2016, as expeditiously as possible, as per law, but not

later than four weeks' from the date of presentation of

certified copy of this order.

6. The present Writ Petition No.765 of 2026

(M/S) is disposed of accordingly.

7. It is made clear that this Court has not

expressed any opinion on the merit of the case.

___________________ ALOK KUMAR VERMA, J.

Date: 01.04.2026 Pant/