2025:UHC:7633 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2548 of 2025 28 August, 2025 SC Mathur --Petitioner Versus Dharmendra Singh Lingwal & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Siddhartha Singh, learned counsel along with Mr. Ashutosh Thakral, learned counsel for the petitioner. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition under Article 227 of the Constitution of India has been filed by the revisionist/petitioner to direct the revisional court to permit the revisionist to withdraw the Civil Appeal No.154 of 2022, Shri S.C. Mathur vs. Dhokam Tibet Foundation & others, in view of judgment and decree passed in Original Suit No.21 of 2008, whereby the original suit has been decreed in favour of respondent no.5/plaintiff. 2. The facts of the case are that in Original Suit No.21 of 2008, Dhokam Tibet Foundation through Secretary Ogian Dorji vs. Dharmendra Singh & others before the court of learned Civil Judge (S.D), Dehradun an application has been moved by the revisionist/petitioner under Order 1 Rule 10 of CPC for impleading him as party- defendant. The said application was rejected by learned trial court vide order dated 01.10.2022. Feeling aggrieved by the said order, the petitioner preferred the Civil Revision No.154 of 2022, Shri S.C. Mathur vs. Dhokam Tibet 2025:UHC:7633 2 Foundation. 3. In between, the said original suit has finally been decided and decreed in favour of respondent no.5- plaintiff by reason of judgment and decree dated 13.12.2023. The petitioner-revisionist moved an application dated 17.08.2024 (Paper No.23C) in Civil Revision No.154 of 2022 under Section 151 of CPC for not pressing the revision and to dismiss the revision as such. But the said application is pending disposal for the last one year. 4. The innocuous prayer has been made by learned counsel for the petitioner for a direction to the revisional court i.e. Second Additional District Judge, Dehradun to decide the said application and to permit the petitioner- revisionist to not press the revision. 5. Without entering into merits of the said application, this Court directs the learned Second Additional District Judge, Dehradun to decide the application dated 17.08.2024 (Paper No.23C) filed by the revisionist-petitioner expeditiously, but not later than one month from the date of production of certified copy of this order. 6. With the aforesaid direction, the writ petition is disposed of finally. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 28.08.2025 AK