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2025 DAILYLAW 5802 (UTT)

SMT. PUSHPA DEVI v. BHAGWATI PRASAD

SPA/1042/2017 · 2025-04-28

Ashish Naithani, Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS SPA No. 1042 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. Dharmendra Barthwal, Advocate for the appellant. 2. Mr. Shakti S. Purohit, Advocate, holding brief of Mr. Piyush Garg, Advocate for the respondent no. 1. 2. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand / respondent no. 2. 3. This intra court appeal is filed challenging the order dated 30.10.2017, passed in WPMS No. 2255 of 2014. By the said order, Civil Judge (Senior Division), Dehradun was directed to decide the Civil Suit No. 174 of 2014 within six months, if necessary, by recording the evidence on day-to-day basis. 4. Appellant has challenged the said order on the ground that such relief could have been granted in a writ petition under Article 227 of the Constitution; while, the writ petition was filed by respondent no. 1 under Article 226 of the Constitution. 5. Mr. Barthwal, learned counsel appearing for the appellant, however, fairly submits that the writ petition in which the order impugned in this Appeal was passed, was subsequently dismissed by learned Single Judge. Thus, he submits that cause of action do not survive against an interlocutory order. 6. In view of the statement so made by learned counsel for the appellant, the Special Appeal is dismissed as infructuous. (Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 28.04.2025 Navin