2026:UHC:1585 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 112 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Siddhanth Manral, learned counsel for the petitioners. 2. Mr. V.P. Bahuguna, learned counsel for respondent no.1. 3. Ms. Gurbani Singh, learned counsel for the respondent no.2 and 3. 4. By the instant petition preferred under Article 227 of Constitution of India the petitioners are challenging the order passed by the learned Civil Judge (Junior Division) Rishikesh, District Dehradun in civil Suit No. 31 of 2024 dated 08.01.2025 whereby the opportunity to file the written statement has been closed. In addition to this the petitioners are also challenging the order dated 28.02.2025 whereby the recall application moved by the petitioners for recalling the order dated 08.01.2025 is also rejected. 5. It is argued by learned counsel for the petitioners that due to some unavoidable circumstances the petitioners could not file their written statement within time despite the opportunity. He submits that he has already filed the written statement but the same has not been taken on record because of the order impugned and prayed that the written statement be taken on record so that the substantial justice is done. 6. On the other side, Mr. V.P.Bahuguna, submits that the petitioners herein who are the defendant in the suit are adopting a delaying tactics and the plaintiff is 71 years 2026:UHC:1585 old therefore delaying tactics which are being adopted by the petitioners should be condemned. 7. After hearing the learned counsel for the parties and taking into consideration that due to some unavoidable circumstances the petitioners could not file the written statement within the stipulated time, for substantial justice this Court is of the view that one opportunity should be given to the petitioners to file written statement subject to the cost of Rs. 20,000/- to be paid to the plaintiff/respondent. 8. Consequently, instant writ petition is disposed of finally by set asiding both the orders dated 08.01.2025 and 28.02.2025 as well as the order dated 06.10.2025, whereby the revision of the petitioners was dismissed and as a last opportunity to the petitioners are given liberty to file written statement along with the appropriate application within 15 days from today and within the same period he shall pay the cost of Rs. 20,000/- to the plaintiff. Taking into consideration that the plaintiff is 71 years old and the suit is pending since 2024, the concerned court is also directed to expedite the suit without giving any unnecessary adjournment preferably within six months from the date of production of certified copy of this order. (Rakesh Thapliyal, J.) 10.03.2026 Nahid 2026:UHC:1585