Unknown vs Moosa
2026 Latest Caselaw 1841 UK

Uttarakhand High Court

Unknown vs Moosa on 12 March, 2026

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
        Date        or directions                 COURT'S OR JUDGE'S ORDERS
No.
                   and Registrar's
                     order with
                     Signatures
      12.03.2026                     FA No.33 of 2026
                                     Hon'ble Siddhartha Sah, J.

Heard Mr. Piyush Garg, learned counsel for the appellants.

2. By means of this First Appeal, the plaintiffs/appellants have assailed the judgment and decree dated 06.12.2025 passed by the Civil Judge (Senior Division), Vikasnagar, District Dehradun in O.S. No. 66 of 2014, "Shri Philip & Ors. vs. Moosa & Ors.", whereby the learned trial court has partly dismissed the suit filed by the appellants/plaintiffs in respect of relief 'b', i.e., for grant of a decree of prohibitory injunction.

3. I.A. No. 2 of 2026 is a miscellaneous application. By means of this application, the plaintiffs/appellants have prayed for withdrawal of the appeal filed before the 1st Additional District Judge, Vikasnagar, being Civil Appeal No. 31 of 2025, arising out of the judgment and decree dated 06.12.2025. In the said application, it has been brought to the notice of this Court that the trial court decided the suit as well as the counterclaim filed by the defendants by a common judgment and decree dated 06.12.2025. The suit was partly decreed and partly dismissed; similarly, the counterclaim was also partly decreed and partly dismissed.

4. The valuation of the suit is Rs. 26,96,000/-, whereas the valuation of the counterclaim is Rs. 17,308/-. The pecuniary jurisdiction for filing an appeal arising out of the partial dismissal of the suit lies before this Court, whereas the appeal arising out of the partial decree of the counterclaim lies before the 1st Additional District Judge, Vikasnagar, Dehradun. Accordingly, the appellant filed an appeal in respect of the partial decreeing of the counterclaim before the 1st Additional District Judge, Vikasnagar.

5. Since the pleadings, the evidence led, the entire record of the suit and the counterclaim, and the judgment passed by the trial court are common, it would be in the interest of justice that both the appeals--one arising out of the partial decreeing of the counterclaim and the other arising out of the partial dismissal of the suit--be heard by one Court.

6. In view of the above, and in exercise of powers under Section 24 of the Code of Civil Procedure, 1908, Civil Appeal No. 31 of 2025, presently pending before the 1st Additional District Judge, Vikasnagar, District Dehradun, is withdrawn from the said court. The record thereof to be transmitted to this Court and the matter to be heard along with the present First Appeal, and the same shall be registered as a separate First Appeal.

7. In view of the above, I.A. No. 2 of 2026 stands disposed of accordingly.

8. Admit.

9. Issue notice to the respondents, returnable within six weeks.

10. Steps to be taken within a week.

11. Summon the TCR.

12. Let both the appeals be listed on 11.06.2026.

(Siddhartha Sah, J.) 12.03.2026 BS