2025:UHC:7435 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS A.O. No.219 of 2025 Hon’ble Alok Mahra, J. Mr. Iram Ansari and Mr. Mohit Bhauryal, Advocates for the appellant. Mr. Shashi Kant Shandilya, Advocate for the respondent. 2. This Appeal under Order 43 Rule 1 (r) C.P.C. has been filed against the order dated 13.06.2025 passed by learned Ist Additional District Judge, Rishikesh, District Dehradun in Misc. Case No.36 of 2023, whereby the application of the appellant under Rule 13 of the General Civil Rules, 1957 for hearing of his application under Order 39 Rule 1 & 2 C.P.C. has been dismissed. 3. A Co-ordinate Bench of this Court vide order dated 17.07.2025 directed the parties to maintain status quo over the property in question. 4. Heard learned counsel for the parties and perused the record. 5. It is an admitted fact that the appellant has filed the Misc. Case No.36 of 2023 alongwith application under Section 5 of the Limitation Act, 1963, which is pending consideration before the Court of learned Ist Additional District Judge, Rishikesh, District Dehradun. 6. Since aforesaid Misc. Case is pending disposal before the learned Ist Additional District Judge, Rishikesh, District Dehradun, in which hearing on application under Section 5 of the 2025:UHC:7435 Limitation Act has been concluded, therefore, this Court thinks that ends of justice would be met, if learned Ist Additional District Judge, Rishikesh is requested to decide Section 5 application, which is filed alongwith Misc. Case No.36 of 2023, within a period of three weeks’, after receipt of the Lower Court’s Record from this Court. 7. Till disposal of application under Section 5 of the Limitation Act, parties are directed to maintain status quo over the suit property. 8. Let the Lower Court’s Record be sent back to the concerned Court forthwith. 9. The Appeal stands ordered accordingly. (Alok Mahra, J.) 22.08.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C51 09CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.08.22 17:32:13 +05'30' 2025:UHC:7435