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2026 DAILYLAW 8444 (UTT)

NARESH BHATIA v. ROHITASH HURLA

WPMS/2150/2026 · 2026-07-20

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010123942026 2026:UHC:6087 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2150/2026 Naresh Bhatia --Petitioner Versus Rohitash Hurla --Respondent Hon’ble Manoj Kumar Tiwari, J. Mr. Aditya Singh, Advocate, for the petitioner. (2) Petitioner is a tenant in respect of a shop. Landlord filed a suit for eviction before Small Cause Court. Petitioner reportedly gave an undertaking before the Court concerned that he will vacate the shop within ten months. Based on that undertaking, the suit was decreed. The decree passed by Small Cause Court was put to execution and the next date fixed in Execution Case is 31.7.2026. Petitioner contends that he has filed an application for recall of the order dated 31.7.2025, wherein his undertaking was recorded and the suit was decreed. The next date for consideration of that application is also 31.7.2026. Petitioner submits that threat of forcible dispossession is looming large over him, therefore he be protected till disposal of his recall application. (3) Without expressing any opinion on the merits of recall application filed by petitioner, writ petition is disposed of with a request to Court concerned to consider and dispose of the application filed by petitioner for recall of the order dated 31.7.2025 on the next date fixed i.e. 31.7.2026 or any date within ten days thereafter. UKHC010123942026 2026:UHC:6087 (4) Till disposal of the application or till 14th August 2026, whichever is earlier, petitioner shall not be dispossessed from the shop in question. (Manoj Kumar Tiwari, J.) 20.7.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61a f3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588 052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.20 19:25:54 +05'30'