2025:UHC:4314 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1416/2025 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Pradeep Kumar Chauhan, learned counsel for the petitioner. 2. Ex-parte decree was passed against the petitioner by learned 4th Additional Civil Judge (S.D), Dehradun. The said decree has now been put to execution. Petitioner has challenged the order dated 14.08.2024 passed by Executing Court in Execution Case No. 61 of 2023. 3. Learned counsel for the petitioner submits that petitioner had paid ₹1,76,405/- to one M/s Saraswati Enterprises, on the instructions of plaintiff/decree holder, therefore, petitioner is not liable to pay any more amount to the decree holder. Learned counsel for the petitioner, however, concedes that this plea could not be taken before learned trial court as it was an ex-parte decree passed during Covid period. He further concedes that the power available to the Executing Court is limited and it cannot be go beyond the decree. He, therefore, seeks permission to withdraw the writ petition to avail appropriate remedy against the ex-parte decree passed by 4th Additional Civil Judge (S.D.), Dehradun in Original Suit No. 651 of 2018. 4. Accordingly, the writ petition is dismissed, as withdrawn with the aforesaid liberty. For a period of ten days, no coercive action shall be taken against the petitioner. 2025:UHC:4314 5. Let certified copy of this order be supplied to the petitioner, within 24 hours, as per Rules. (Manoj Kumar Tiwari, J.) 22.05.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b 08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF 4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.23 04:46:38 -07'00'