2025:UHC:8787 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2683 of 2025 06 October, 2025 Rakesh Kumar and Another --Petitioners Versus Harishankar and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Piyush Garg, learned counsel for the petitioners. Mr. Tribhuwan Chandra Pandey, learned counsel holding brief of Mr. Vinod Tiwari, learned counsel for respondent No.1/Caveator. Hon’ble Pankaj Purohit, J. (Oral) By means of the present writ petition filed under Article 227 of the Constitution of India, petitioners have challenged the order dated 30.07.2025 passed by the learned Additional District Judge, Kotdwar, District Pauri Garhwal, in Civil Revision No.10 of 2024 Harishankar and Others Vs. Rakesh Kumar and Others, whereby, the civil revision filed by the respondents against the order dated 20.09.2024 has been allowed and the order dated 20.09.2024 passed by the learned Executing Court has been set aside. 2. After arguing a while, learned counsel for the petitioners made an innocuous prayer that the ends of justice would be met, if learned Executing Court be directed to decide the objection filed by the 1 2025:UHC:8787 respondents under Section 47 of CPC, which has been registered as Miscellaneous Case No.4 of 2024 in Execution Case No.7 of 2021 Hari Shankar and Ors. Vs. Rakesh Kumar and Ors., a fresh. 3. Learned counsel appearing for the respondent has no objection if such an order has been passed. 4. In view of the above, the present writ petition is disposed of, with a direction to learned Executing Court to decide the objection filed by the respondents under Section 47 of CPC, which has been registered as Miscellaneous Case No.4 of 2024 in Execution Case No.7 of 2021 Hari Shankar and Ors. Vs. Rakesh Kumar and Ors., a fresh, without being prejudice by the observations made by learned Revisional Court while allowing the revision filed by the respondents. 5. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 06.10.2025 PN 2