2024:UHC:7719 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CLR No. 28 of 2021 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rajendra Dobhal, learned senior counsel assisted by Mr. Dushyant Mainali, learned counsel for the revisionists. 2. Mr. Sudhir Kumar, learned counsel for respondent no. 1. 3. This revision is not admitted so far. 4. The SCC suit was decreed, however, the present revisionist was not arrayed as the defendant in that suit; thereafter an application was moved under Order 21 Rule 97 of CPC, but the same was rejected, against which the present revision has been filed. 5. Mr. Sudhir Kumar, who appears for the respondent, submits that in an execution proceeding the possession has now been handed over to the plaintiff/respondent, therefore, by way of the instant revision particularly in reference to the SCC suit the revisionist cannot ask for restoration of possession and he can avail remedy by filing the regular suit for restoration of possession. 6. Mr. Rajendra Dobhal, learned senior counsel submits that the revisionist may be given liberty to file a regular suit for restoration of possession as per law. 7. In view of the submissions as advanced by the parties, the present revision is disposed of at the admission stage itself with the liberty to the revisionist to file a regular suit for restoration of possession as per law. (Rakesh Thapliyal, J.) 17.09.2025 PR 2024:UHC:7719