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2026 DAILYLAW 5305 (UTT)

RAJESH PANT v. MANJU BELWAL

CLR/123/2025 · 2026-05-08

Subhash Upadhyay

body2026

Judgment text

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2026:UHC:3591 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS CLR No. 123 of 2025 Hon'ble Subhash Upadhyay, J. 1. Mr. Sandeep Kothari, learned counsel for the revisionist. 2. Mr. Jai Krishna Pandey, learned counsel for the respondents. 3. Present Revision has been filed against order dated 28.11.2024, passed by Addl. District Judge, Haldwani, in SCC Suit No. 24 of 2022, Jagdamba Belwal vs. Rajesh Pant and others. 4. As per office report, there is delay of 255 days in filing the revision. 5. Though, an objection has been filed to the delay condonation application, however, it appears that during the pendency of the revision a compromise has been reached between the parties, as such, learned counsel for the respondents does not oppose the delay condonation application. Accordingly, the delay condonation application is allowed and the delay in filing the revision is condoned. 6. Learned counsel for the parties, submit that parties have entered into a compromise and a compromise application along with an affidavit has been filed by the revisionist and the respondent no.2 wherein the following facts have been stated: “2. That the instant civil revision under 2026:UHC:3591 Section 25 of Provincial Small Cause Court Act has been preferred challenging the judgment and decree dated 28th of November 2024 passed by the Learned Judge SCC/1st Additional District Judge, Haldwani in SCC Suit No. 24 of 2022, "Jagdamba Belwal Vs. Rajesh Pant and others", whereby, the learned Judge SCC has directed the defendants in the said suit to provide the peaceful and vacant possession of the subject property within 30 days of the date of passing of the order and further directing that from May 2022 the rent at the rate of Rs.22,000 per month be paid and further from the date of order till the date of possession the mesne profit at the rate of Rs.22000 per month will be paid. Furthermore, the instant civil revision has also been preferred to challenge the order dated 29th July 2024 passed by the Learned Judge SCC/1 Additional District Judge, Haldwani in SCC Suit No. 24 of 2022, "Jagdamba Belwal Vs. Rajesh Pant and others", whereby the defence of the defendants has been struck off on account of non- deposit of rent. 3. That now the parties have entered into the compromise and a compromise deed is duly executed and signed on 06.05.2026. 4. That the instant revision be decided in terms of compromise so entered into the parties has been decided in terms of compromise.” 7. In view of the compromise reached between the parties, present revision is disposed of in the terms and conditions agreed between the parties as enumerated in the compromise deed dated 06.05.2026. Trial court decree is modified accordingly. (Subhash Upadhyay, J.) 08-05-2026 Kaushal 2026:UHC:3591