SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 12.05. 2026 WPMS No. 1114 of 2026 Hon ’ble Rak esh Th apliyal, J. Mr. Nagesh Agarwal, learned counsel for the petitioners. 2. The instant writ petition is preferred by the petitioner Smt. Manju Joshi under Article 227 of the Constitution of India assailing the two orders dated 19.04.2025, passed by learned Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar in Execution Case No.03 of 2017, “Avdesh Pandey vs. Puneet Dwivedi”, whereby, the application moved by the petitioner under Order XXI Rule 58 of CPC was rejected. In addition to this, the petitioner is also assailing the subsequent order passed in Civil Appeal No.21 of 2025 dated 31.03.2026, whereby the civil appeal preferred by the petitioner under Order XLIII of CPC against the order dated 10.04.2026, passed in Execution Case No.3 of 2017 was also rejected by observing that against the order rejecting an application under Order XXI Rule 58 of CPC in an execution proceeding, no appeal will lie under Order XLIII of CPC. 3. Though, there is no infirmity in the order under challenge, however, this Court is of the view that against the order rejecting the application under Order XXI Rule 58 of CPC, the petitioner has a remedy to file a regular first appeal under Section 96 of CPC. 4. In such view of the matter, the instant writ petition is dismissed by confirming the order passed in Civil Appeal No.21 of 2025, however, it will not prejudice the right of the petitioner to file a regular first appeal under Section 96 of CPC against the order dated 10.04.2026, whereby the application moved by the petitioner under Order XXI Rule 58 of CPC has been rejected. 5. It is made clear that, if the petitioner files a regular first appeal under Section 96 of CPC, then the concerned court without being influenced with the order passed by the learned District Judge dated 31.03.2026 in Civil Appeal No.21 of 2025 will proceed and decide on its own merit. (Rakesh Thapliyal, J.) 12.05.2026 Pant/