2024:UHC:9454 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS SA No. 1 6 0 AND SA No. 1 6 1 of 2 0 1 3 Hon’ble Rakesh Thapliyal, J. 1. Mr. Bharat Tiwari, learned counsel for the appellant. 2. Ms. Monika Pant, (through V.C.) learned counsel for the respondent. 3. It is very strange that these two Second Appeals preferred in the year of 2013 but uptil date, these appeals have not been admitted so far, though without admitting the appeal on 08.05.2015, judgment and decree passed by both the courts have been stayed. As per mandate of Section 100 CPC no interim order can passed until and unless, the second appeal is admitted. 4. The Hon’ble Supreme Court in the case U. Sudheera and others Vs. C. Yashoda and others 2025 INSC 80 held that until and unless, the second appeal is admitted, no interim order can be passed. 5. Both the second appeals are arising out of the judgment and decree dated 31.01.2012 passed in two separate Civil Suit No. 186 of 2008 (Sharda Devi Vs. Chauthram and another) and Civil Suit No. 212 of 2009 (Chautharam Vs. Sharda Devi). Against the composite judgment and decree dated 31.01.2012 passed in both suits, two separate appeals bearing Civil Appeal No. 41 of 2012 (Chautharam Vs. Sharda Devi) and Civil Appeal No. 42 of 2012 (Chautharam Vs. Sharda Devi) were preferred and both the Civil Appeals were dismissed by Addl. District Judge, Kashipur, District Udham Singh Nagar by two separate judgment and order dated 10.09.2013. 6. Being aggrieved with the judgment and decree passed by the Civil Judge, (Junior Division), Kashipur, District Udham Singh Nagar dated 31.01.2012 and judgment and order dated 10.9.2013 passed by Addl. District Judge, Kashipur, District – Udham Singh Nagar, these two separate second appeals have been preferred. 2024:UHC:9454 7. After gone through with both the judgments, I do not find any illegality in both the judgments and since there are concurrent findings of facts and as such, I do not find any substantial question of law in both the second appeals. 8. Accordingly, both the second appeals are dismissed in limine. Interim orders also stand vacated. (Rakesh Thapliyal, J.) 17.10.2025 SKS