Shri Avdesh Singh And Another ..... ... vs State Of Uttarakhand And Others
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Uttarakhand High Court

Shri Avdesh Singh And Another ..... ... vs State Of Uttarakhand And Others on 11 March, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                                                       2026:UHC:1556

   IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL

      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                     11th MARCH, 2026

           WRIT PETITION NO. 3588 OF 2023 (M/S)



Shri Avdesh Singh and Another                      ..... Petitioners

                              Versus


State of Uttarakhand and Others                   .....Respondents


Counsel for the Petitioners   :       Ms. Devanshi Joshi, Advocate
                                      holding brief of Mr. K.R. Gazi,
                                      Advocate.

Counsel for the Respondent :          Mr. Sudhir Kumar Nailwal,
No.1                                  Brief Holder.

Counsel for the Respondent :          Mr. Anoop Jaiswal, Advocate.
Nos. 3 and 4



Hon'ble Alok Kumar Verma,J.

Late Shri Shivji Singh had filed a Partition Suit

(Revenue Case No. 22/71 of the year, 2008-09) against

the petitioners (herein) under Section 176 of the Uttar

Pradesh Zamindari Abolition and Land Reforms Act, 1950

(as applicable in the State of Uttarakhand). The Sub-

Divisional-Magistrate / Assistant Collector, Ist Class,

Rurdrapur, District Udham Singh Nagar decreed the suit

and passed a preliminary decree on 26.03.2009 and on

the basis of the preliminary decree, a final decree was

passed on 05.08.2010. The respondent no.3 and the

2026:UHC:1556 respondent no.4 (herein) are the sons of late Shivji

Singh. The petitioner no.1 had filed a Restoration

Application (Miscellaneous Case No. 8 of 2017-18) on

23.02.2018 against the preliminary decree and final

decree. The Restoration Application was allowed by

Assistant Collector / Sub-Divisional-Magistrate, Rudrapur

on 15.07.2022. A Revision (No. 61/2021-2022/44/22-23

was filed by the respondent no.3 and the respondent

no.4. The said revision has been allowed by Additional

Commissioner, Kumaon Division, Nainital vide impugned

judgment and order dated 19.09.2023.

2. The petitioners and the private respondents

(respondent no.3 and respondent no.4) have filed a

Compromise Deed dated 28.10.2024 (annexure no.1 to

Civil Miscellaneous Application No. 3 of 2024) along with

their affidavits.

3. Ms. Devanshi Joshi, learned counsel holding

brief of Mr. K.R. Gazi, learned counsel for the petitioners.

4. Mr. Sudhir Kumar Nailwal, learned Brief Holder

for the respondent no.1.

5. No one is present for respondent no.2.

6. Mr. Anoop Jaiswal, learned counsel for the

respondent nos. 3 & 4.

7. Petitioners Shri Avdesh Singh and Shri Jitendra

Singh are present in-person. They are identified by Ms.

2026:UHC:1556 Devanshi Joshi, Advocate.

8. The respondent no.3 Shri Radheshyam Singh

and the respondent no.4 Shri Dhamendra Singh are

present in-person. They are identified by Mr. Anoop

Jaiswal, Advocate.

9. Both, the petitioners and the private

respondents submitted that they have settled their

disputes amicably. They have filed the Compromise Deed

dated 28.10.2024 (annexure no.1) with their free will and

without any pressure. They are requesting to decide the

present writ petition, filed under Article 227 of the

Constitution of India, in terms and conditions of the

Compromise Deed dated 28.10.2024 (annexure no.1).

10. Perused and gone through the record.

11. The present Writ Petition (WPMS No.3588 of

2023) is disposed of in terms and conditions of the

Compromise Deed dated 28.10.2024 (annexure no.1).

The Compromise Deed dated 28.10.2024 (annexure

no.1) shall form part of this order.

___________________ ALOK KUMAR VERMA, J.

Date: 11.03.2026 Shiv/