SL. No . Da t e Of f ice 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 2025:UHC:11498 WPMS No.3570 of 2025 Hon ’ble Ash ish Nait h an i, J. Mr. Rajesh Joshi, learned counsel for the Petitioner. 2. Mr. Tarun Prakash Singh Takuli, learned counsel for the caveator. 3. The present petition under Article 227 of the Constitution of India has been filed challenging the order dated 03.12.2025 passed by the court of learned District Judge, Nainital in Rent Control Appeal No.06 of 2024, “Sri Neeraj Pant Versus Mohan Singh Negi and another”, whereby the learned court below has vacated the stay order granted in favour of the Petitioner. 4. Learned counsel for the Petitioner submits, at the outset, that without assigning any reasons an unjust order was passed by the learned court below rejecting the opportunity for placing the arguments before the learned Trial Court whereby causing prejudice towards the Petitioner. 5. The said contention is refuted by the learned counsel for the Respondent placing the conduct of the Petitioner supported by the order-sheet of the court below in the said matter, wherein, it is stated that the Petitioner has been lingering on the proceedings on one pretext or the other. 6. Learned counsel for the Respondent further makes a submission that if an undertaking is being taken from the Petitioner on the ground that no further adjournment whatsoever will be sought by the Petitioner, for which the present petition has been preferred, Respondent will forgo and will not press the execution proceedings till then, but an assurance be made by way of the statement on behalf of the Petitioner before this Court that he shall not sought any adjournment in the matter. 7. The writ petition is partly allowed, as per the submissions placed before this Court by the learned counsel for the parties. Firstly, on behalf of the Petitioner that no further adjournment shall be sought no matter what. It is also directed that the Petitioner and the Respondent will appear before the learned Appellate Court on the date fixed i.e. on 05.02.2026, and no adjournment shall be sought from either side of the parties. In default, whatever is feasible to the learned Appellate Court below thinks fit may be done as per law. ( Ash ish Nait h an i, J.) 2 3 .1 2 .2 0 2 5 Nitesh/