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2025 DAILYLAW 15759 (UTT)

RAMNARAYAN ARYA DECEASED v. GYAN SINGH

AO/392/2025 · 2025-11-20

Alok Mahra

Civil Appealbody2025

Judgment text

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2025:UHC:10301 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 AO No.392 of 2025 Hon ’ble Alok Mah r a, J. Mr. Dharamveer Arya, appellant in person. 2. The present Appeal from Order has been filed against the judgment and award dated 17.07.2025, passed by the learned Additional District Judge, Dehradun, in Civil Appeal No. 114 of 2023, whereby the application Paper No. 15D, 19A and 21C2 were rejected. 3. The appellant, appearing in person, submits that he had filed application Paper No. 15D, 19A and 21C2, seeking permission to deposit court fee of Rs. 23,567.50/ -, asserting that the valuation of the suit property, as per the agreement to sell, was Rs. 3,10,000/ -. After inviting objections and hearing the parties, the Appellate Court found that sufficient court fee had been paid and that no relief for specific performance of the contract had been sought. 4. After perusing the record and hearing the appellant in person, this Court finds that the suit was filed only for a decree of mandatory injunction and not for specific performance of the contract. In such circumstances, the valuation adopted by the appellant and the court- fee sought to be deposited do not 2025:UHC:10301 correspond with the nature of the relief claimed. Therefore, this Court finds no error or illegality in the impugned order passed by the Appellate Court. 5. In view of the above findings, the Appeal from Order is dismissed. ( Alok Mah r a, J.) 20.11.2025 BS