2025:UHC:11057 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.367 of 2025 Hon ’ble Alok Mah r a, J. Mr. Jai Krishna Pandey, learned counsel for the appellant. 2. Mr. Pooran Singh Rawat and Abhishek Singh Rawat, learned counsel for the respondents. 3. This Appeal from Order has been filed by the appellant against the order dated 12.08.2025 passed by the Civil Judge (Senior Division), Haldwani, District Nainital, in O.S. No. 15 of 2025, Sri Jai Prakash Joshi vs. Rahit Bhakuni and Others. 4. Heard learned counsel for the parties. 5. Learned counsel for the appellant submits that the trial court failed to consider his objection that the respondents to the suit have not filed their written statement, and in the absence of a written statement, issues cannot be framed. He further submits that the issue relating to deficit court fees is required to be decided only after the framing of issues. 6. Learned counsel for the appellant argues that, by the impugned order, the trial court has held that the plaintiff/ appellant has deposited the deficit court fees as the suit relates to cancellation of a sale deed and temporary injunction. He further contends that the trial court has directed the plaintiff/ appellant to make good the 2025:UHC:11057 deficit court fees by the next date of listing. 7. Learned counsel for the respondents fairly concedes that no written statement has been filed by the respondents. 8. With the consent of both parties, the impugned order is set aside. The respondents shall file their written statement, and thereafter, issues shall be framed on the basis of the pleadings in the plaint and the written statement. If any issue regarding deficit court fees arises, the same shall be adjudicated as a preliminary issue. 9. Accordingly, the instant appeal stands disposed of. ( Alok Mah r a, J.) 11.12.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28cdf4ba7c e8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418755DC0 0A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.12.11 17:58:02 +05'30'