SA/4/2026
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Uttarakhand High Court

SA/4/2026 on 13 March, 2026

                Office Notes,
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                                  SA No.4 of 2026
                                  Hon'ble Siddhartha Sah, J.

Mr. Vikas Kumar Guglani, Advocate for the appellant.

Ms. Monika Pant, Advocate for the respondent.

Urgency Application (IA no.3 of 2026) is allowed.

By means of this second appeal, the defendant/appellant has assailed the judgment and order dated 31.05.2025 passed by the Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar, in Original Civil Suit No.58 of 2020, Daljeet Singh vs. Joginder Singh, by means of which, the said suit has been decreed. It has been held that the plaintiff is the tenant of Nagar Nigam and the defendant has been held to be in occupation of the shop as licensee of the plaintiff and the licence has been revoked by virtue of notice dated 21.11.2020.

On the aforesaid basis, the suit for eviction/possession was decreed vide judgment and order dated 31.01.2024 passed by the Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar.

Aggrieved by the said judgment and order dated 31.05.2025, the defendant /appellant preferred an appeal which has been dismissed by the First Additional District Judge, Kashipur, District Udham Singh Nagar vide judgment and order dated 19.12.2025 concurring with the findings of the trial court.

After going through the record and considering the submissions made by the counsel for the parties, the second appeal is admitted on the following substantial question of law:-

(i) Whether the defendant/appellant is a licensee of the plaintiff/respondent over the shop in question which has been revoked by virtue of notice dated 21.11.2020?

Since the appeal has been admitted, hence, there will be an interim order.

The effect and operation of the impugned judgments and orders dated 19.12.2025 and 31.05.2025, is stayed till the next date of listing.

Summon the Trial Court Record. List this case on 04.06.2026. Stay Application (IA No.1 of 2026) stands disposed of accordingly.

(Siddhartha Sah, J.) 13.03.2026

Ravi