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2026 DAILYLAW 3712 (UTT)

MAHENDRA SINGH RATHORE v. AADESH KUMAR TANDON

WPMS/973/2026 · 2026-04-21

Rakesh Thapliyal

body2026

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 21.04.2026 WPMS No.973 of 2026 Hon’ble Rakesh Thapliyal, J. Mr. Karan Singh Dugtal, learned counsel for the petitioner. 2. By the instant petition, the petitioner is praying for the following reliefs:- (i) Issue a writ, order or direction, in the nature of certiorari quashing the impugned order dated 9.4.2026 the court of learned 1st Additional Civil Judge (J.D.), Haldwani, District Nainital in Execution Case No.01/2026. contained as Annexure No.2 at Page No. 26 to the writ petition. ii) Issue a writ, order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case. III) Award the cost of the petition.” 3. It is submitted by learned counsel for the petitioner that the petitioner is ready to vacate the shop in-question, however, he wants some reasonable time to vacate since the petitioner is a senior citizen and is 100% disabled and handicapped and searching a suitable shop to run his business. 4. Taking into consideration that the petitioner is ready to vacate the shop in-question and seeks reasonable time so that he may search another shop during this period, the instant petition is disposed of finally by giving four months time to the petitioner to vacate the shop in-question. 5. The petitioner is also directed to file an undertaking before the Prescribed Authority to this extent. 6. Till then, the execution proceedings shall remain stayed. It is made clear that if the petitioner failed to vacate the shop within the aforesaid period, the executing court shall proceed with the execution proceeding. (Rakesh Thapliyal, J.) 21.04.2026 Shiv /Pant