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2025 DAILYLAW 9366 (UTT)

BALA DEVI v. RISHIKUL VIDHYAPEETH BRAHAMCHARRIYASHARAM HARDWAR

WPMS/2220/2025 · 2025-07-24

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:6546 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2220/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mohd. Matlub, learned counsel for the petitioner. 2. Challenging the eviction order passed by learned Judge, Small Cause Court, Haridwar in SC Case No. 04 of 2017, petitioner has filed a revision before learned District Judge, Haridwar along with a delay condonation application. The said revision was reportedly filed on 05.10.2023. 3. Since no order has been passed on the delay condonation application and the revision petition, therefore, the Executing Court has passed an order on 15.02.2024, whereby warrant of possession has been issued against the petitioner. Thus, feeling aggrieved, petitioner has approached this Court challenging the order dated 15.02.2024 passed by Executing Court in Case No. 04 of 2023. 4. Learned counsel for the petitioner submits that petitioner is an old widow, who has to take care of her ailing daughter and there is no one else in the family to take care of petitioner and her daughter, therefore, if petitioner is forcibly dispossessed from the residential premise in question, she would suffer an irreparable loss and injury. 5. Since the revision petition and also the delay condonation application filed by petitioner have not been considered so 2025:UHC:6546 far by the revisional court, therefore, the writ petition is disposed of with a request to revisional court/District Judge, Haridwar to consider and decide the delay condonation application filed by petitioner along with revision petition, within six weeks from the date of production of certified copy of this order. 6. For a period of six weeks, petitioner shall not be dispossessed from the residential premises in question. 7. Let certified copy of this order be supplied to the petitioner today itself on payment of usual charges. (Manoj Kumar Tiwari, J) 24.07.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.24 02:12:01 -07'00'