Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures
COURT’S OR JUDGE’S ORDERS
2025:UHC:10516
WPMS No.3229 of 2025 Hon’ble Ashish Naithani, J.
Mr. Ashish Aggarwal, learned counsel (through V.C.) holding brief of Mr. Navneet Kumar, learned counsel for the Petitioner.
2. Heard learned counsel for the petitioner.
3. Present writ petition has been filed by the petitioner commanding the learned Additional Civil Judge (Senior Division) Roorkee, District Haridwar to conclude the proceedings of miscellaneous Case No.13 of 2023 Rahul Sharma vs. Diwakar for recalling the ex-party
judgment and decree dated 22.05.2023 passed in Original Suit No.182 of 2020 Diwakar vs. Rahul Sharma and Another expeditiously.
4.
Learned counsel for the petitioner submits that upon coming to know of the ex-parte
judgment and decree dated 22.05.2023, the petitioner promptly moved a recall/restoration application on 12.07.2024, which was registered as Miscellaneous Case No. 13 of 2023. As the application was filed beyond the prescribed period, the petitioner also filed an application seeking condonation of delay. It is further submitted that the respondent filed objections on 23.08.2024, alleging that the restoration application was instituted merely to delay the proceedings of the case. Despite the filing of objections and completion of pleadings, the recall application has been pending
consideration before the learned Additional Civil Judge (Senior Division), Roorkee, District
Haridwar, and till date no order has been passed thereon.
5.
Learned counsel for the petitioner has made an innocuous prayer that the proceedings of Miscellaneous Case No.13 of 2023 Rahul Sharma vs. Diwakar be expedited.
6. Having considered the submission of
learned counsel for the petitioner and considering the facts and circumstance of the case, the writ petition is disposed of with the direction to the learned Additional Civil Judge (Senior Division) Roorkee, District Haridwar to conclude the proceedings of Miscellaneous Case No.13 of 2023 Rahul Sharma vs. Diwakar and decree dated 22.05.2023 passed in Original Suit No.182 of 2020 Diwakar vs. Rahul Sharma and Another and expedite the same within two months.
(Ashish Naithani, J.)
25.11.2025 Arti