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2026 DAILYLAW 9048 (UTT)

PRAKASH CHANDRA v. GANESH DATT

WPMS/2284/2026 · 2026-07-29

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010132802026 2026:UHC:6551 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2284/2026 Prakash Chandra --Petitioner Versus Ganesh Datt --Respondent Hon’ble Manoj Kumar Tiwari, J 1. Mr. Sanjay Bhatt, learned counsel for the petitioner. 2. A suit for permanent injunction, filed by respondent against the petitioner, was decreed by the trial court. Petitioner filed first appeal, which was dismissed, and now, he has preferred second appeal with delay condonation application and reportedly the next date fixed in that appeal is 03.09.2026. 3. Plaintiff/decree holder has put the decree to execution. Petitioner filed objection under Section 47 CPC, which was rejected. According to petitioner, he has filed a revision against the order passed by executing court, which is pending before First Additional District Judge, Haldwani, District Nainital, and the next date fixed in that revision is 02.08.2026. 4. In this writ petition, petitioner has challenged orders passed by Executing Court on 26.05.2026 and 10.07.2026. 5. Learned counsel for the petitioner submits that there is eminent threat of UKHC010132802026 2026:UHC:6551 demolition of boundary wall of the petitioner in execution of decree passed by trial court. He submits that petitioner be protected only till 03.08.2026 so that he may press his interim relief application before the revisional court. 6. Since petitioner’s revision petition is pending before the First Additional District Judge, Haldwani, therefore, it is provided that only till 03.08.2026, the boundary wall, constructed by petitioner, shall not be demolished. 7. With the aforesaid observation, the writ petitions stands disposed of. (Manoj Kumar Tiwari, J) 29.07.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.29 04:48:59 -07'00'