WPMS/366/2026
2026 Latest Caselaw 1212 UK

Uttarakhand High Court

WPMS/366/2026 on 18 February, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                         COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      18.02.2026                        WPMS No.366 of 2026
                                        Hon'ble Alok Kumar Verma, J.

An Application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 was filed by the petitioner-defendant to set aside the ex-parte judgment and decree dated 26.05.2007, passed in Original Suit No. 533 of 2005. The said Application was dismissed on 17.02.2018. A Miscellaneous Civil Appeal (No. 4 of 2018) was filed by the petitioner. The said Civil Appeal has been dismissed vide judgment dated 17.12.2025, passed by learned Additional District Judge, Vikasnagar, District Dehradun.

2. Heard Mr. Sagar Kothari, learned counsel for the petitioner.

3. Mr. Sagar Kothari, Advocate, submitted that the respondent is the real brother of the petitioner. A Settlement Deed was executed by the petitioner, respondent and their mother. A copy of the Settlement Deed dated 21.02.2006 was filed. It was decided by the settlement that the respondent-plaintiff will withdraw the suit, therefore, believing his real brother, the petitioner did not contest the suit.

4. Notice is being issued to the respondent. Steps to be taken within three days.

5. List on 23.03.2026 along with the record of WPMS No.365 of 2026.

(Alok Kumar Verma, J.) 18.02.2026 Shiv/