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Office Notes,

reports, orders

or proceedings

S NL o.

.

D ea t

ano dr d Ri ere gc ist tio ran rs ’ s COURT’S OR JUDGE’S ORDERS

order with

Signatures

WPMS No. 3519 of 2025

Hon’ble Ashish Naithani, J.

Mr. Nagesh Aggarwal, learned counsel for the

Petitioner.

2. The present Writ Petition under Article 227 of the

Constitution of India has been filed with the following

prayers:

“(i) Issue a writ, order or direction in the nature of

Certiorari quashing the impugned order dated

11.09.2025 passed by the learned Civil Judge (Senior

Division), Dehradun in S.C.C. Execution No. 2 of 2025,

Sushil Kumar vs. Mohd. Shan Ahmad and Another,

whereby the execution proceedings arising out of ex-

parte decree dated 12.03.2025 in S.C.C. Suit No. 19

of 2024 have been illegally stayed;

(ii) Issue a writ, order or direction in the nature of

Mandamus commanding the learned Civil Judge

(Senior Division), Dehradun, to proceed expeditiously

with the execution proceedings in S.C.C. Execution No.

02 of 2025 in accordance with law, without being

influenced by the pendency of the respondents

restoration application.”

3. The Petitioner has also filed an Stay Application (I.A.

No. 01 of 2025) with a prayer that the effect and operation

of impugned order dated 11.09.2025, passed by learned

Civil Judge (S.D.), Dehradun in S.C.C. Execution Case No.

02 of 2025, “Sushil Kumar vs. Mohd. Shan Ahmed and

Another” be stayed during the pendency of the present Writ

Petition.

4. Admit.

5. Issue notice to Respondents. Steps to be taken within

one week.

6. Objections, if any, be filed by the Respondents.

7. Considering the facts and circumstances of the case,

till the next date of listing, the effect and operation of the

impugned order dated 11.09.2025, passed by learned Civil

Judge (S.D.), Dehradun in S.C.C. Execution Case No. 02 of

2025, “Sushil Kumar vs. Mohd. Shan Ahmed and Another”

shall remain stayed.

8. The Stay Application stands disposed of accordingly.

9. List this case on 11.03.2026.

(Ashish Naithani, J.)

19.12.2025

Shiksha