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2026 DAILYLAW 7123 (UTT)

MS B K AQUA ENTERPRISES v. YASHVEER SINGH

WPMS/1860/2026 · 2026-06-17

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010105372026 2026:UHC:4969 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1860/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Rajesh Joshi, Advocate, i/b Mr. Ravi Bisht, Advocate for the petitioners. (2) A recovery suit was filed against petitioners by the respondent, which was decreed ex parte. The ex parte decree has now been put to execution. (3) Learned Counsel for the petitioners contends that petitioners have filed an application under Order 9 Rule 13 CPC for setting aside ex parte decree, which is pending consideration before the Court concerned. In this writ petition, petitioner has sought a direction to Civil Judge (Jr. Div.), Dehradun to decide the said application, which is registered as Miscellaneous Case No. 31 of 2026. (4) Having regard to the facts and circumstances of the case, writ petition is disposed of with a request to Court concerned to make endeavour to decide the application made under Order 9 Rule 13 CPC as early as possible, preferably within three months from the date of production of certified copy of this order. (5) Meanwhile, it is provided that if petitioner deposits a sum of rupees one lakh within three weeks from today, further proceedings of the execution case shall remain stayed for a period of three months or till disposal of the application under Order 9 Rule 13 CPC, whichever is earlier. (Manoj Kumar Tiwari, J.) 17.6.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.06.17 17:10:52 +05'30' UKHC010105372026 2026:UHC:4969