SA/149/2023
2026 Latest Caselaw 1700 UK

Uttarakhand High Court

SA/149/2023 on 9 March, 2026

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
No                 Registrar's order with
                        Signatures
      09.03.2026                            SA No.149 of 2023
                                            Hon'ble Siddhartha Sah, J.

Mr. Bhuwan Bhatt, learned Advocate for the appellants.

2. Mr. D. Barthwal and Mr. Karmanya Pandey, learned counsel for respondent nos.1 &

3. Urgency Application (IA No. 4 of 2025) has been preferred on behalf of respondent no. 1 seeking early hearing of the appeal.

4. IA No. 2 of 2023 has been preferred on behalf of the appellant with a prayer to accept the present supplementary affidavit as an additional affidavit of the Second Appeal on record. In the supplementary affidavit, it has been stated that due to some clerical mistake, Annexure No. 2 of the captioned appeal was wrongly annexed instead of the plaint of Original Suit No. 16 of 2009, Shri Jitendra Kumar Pandey Vs. Kishori Lal. It is further stated that after realizing such mistake, the counsel for the appellant on 23.11.2023 sought time to file a copy of the plaint, which was granted by this Court; that, the deponent is now filing the copy of the plaint of Original Suit No. 16 of 2009, Shri Jitendra Kumar Pandey Vs. Kishori Lal, which may kindly be considered as Annexure No. 2 of the captioned Second Appeal.

5. In view of the above, IA No. 2 of 2023 is allowed. Let the copy of the plaint, which is Annexure No. 1 of the supplementary affidavit, be treated as Annexure No. 2 of the captioned Second Appeal.

6. On the request of learned counsel for the parties, the Registry is directed to supply copy of the paper book on usual charges.

7. List on 14.05.2026 for further consideration.

8. Urgency application (IA No. 4 of 2025) is also allowed.

(Siddhartha Sah, J.) 09.03.2026 BS