BALA DEVI v. RISHIKUL VIDHYAPEETH BRAHAMCHARRIYASHARAM HARDWAR
WPMS/2226/2026 · 2026-07-29
Manoj Kumar Tiwari
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9092 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9092 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
UKHC010129562026
2026:UHC:6536 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2226/2026
Bala Devi --Petitioner Versus Rishikul Vidhyapeeth Brahamcharriyasharam Hardwar and another. --Respondents
Hon'ble Manoj Kumar Tiwari, J.
Mohd. Matlub, Advocate for the petitioner.
2. It is contended that petitioner has filed SCC revision in the Court of Second Additional District Judge, Haridwar in the year 2023, however on account of the Court of Second Additional District Judge, Haridwar lying vacant since 04.04.2026, neither the delay condition application nor the interim relief application filed by petitioner has been considered so far.
3.
Learned counsel for petitioner refers to earlier order passed on 24.07.2025, by this Court in WPMS/2220/2025. Operative portion whereof is extracted below:-
“4. Learned counsel for the petitioner submits that petitioner is an old widow, who has to take care of her ailing daughter and there is no one else in the family to take care of petitioner and her daughter, therefore, if petitioner is forcibly dispossessed from the residential premise in question, she would suffer an irreparable loss and injury.
5. Since the revision petition and also the delay condonation application filed by petitioner have not been considered so far by the revisional court, therefore, the writ petition is disposed of with a request to revisional court/District Judge, Haridwar to consider and decide the delay condonation application filed by petitioner along with revision petition, within six weeks from the date of production
UKHC010129562026
2026:UHC:6536 of certified copy of this order.
6. For a period of six weeks, petitioner shall not be dispossessed from the residential premises in question.”
4.
Learned counsel for petitioner submits that landlord has put the eviction decree passed by learned Small Cause Court to execution and the Executing Court has directed the petitioner to produce latest order of Appellate Court, on
30.07.2026. He thus submits that, in case petitioner is not granted protection, then she will be thrown out of the accommodation in question.
5. Since petitioner cannot be penalized for the concerned Court remaining vacant, therefore, writ petition is disposed of by providing that Executing Court shall keep the execution proceedings in abeyance till the Court concerned, before which petitioner’s SCC revision is pending, becomes functional. Learned District Judge is requested to see to it that some arrangement is made so that revisions filed under Section 25 of Provincial Small Cause Courts Act, 1887 are also heard. However, it is made clear that once Revisional Court becomes functional, then it shall be open to the Executing Court to proceed in the matter.
(Manoj Kumar Tiwari, J.) 29.07.2026 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.07.29 13:50:59 +05'30'