HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 2015 of 2014

06 October, 2025

Sri Jagatguru Prakashanand Parmarthik Evem

Dharmarth Sansthan Kankhal and Anr. --Petitioners

Versus

Sankaracharya Swami Rajrajeshwar Ashram Disciple Of Vishnu Ashram and Ors. --Respondents

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Presence:-

Mr. C.K. Sharma, learned counsel for the petitioners-

plaintiffs.

Mr. Lalit Miglani, learned counsel for the

respondents-defendants.

Hon’ble Pankaj Purohit, J. (Oral)

By means of the present writ petition,

petitioners have put to challenge the judgment and order dated 05.08.2014 (Annexure No.1 to the writ petition), whereby, the Miscellaneous Case No.288 of 2013 Sri Jagatguru Prakashanand & Anr. Vs. Shankaracharya Swami and others, was rejected by the learned District Judge, Haridwar, as well as the judgment and order dated 13.12.2012 passed by learned IV Additional District Judge, Haridwar passed in Civil Revision No.84 of 2012 and the judgment and order dated 11.09.2012 passed in Original Suit No.45 of 2008 in Swami Jagatguru Prakashanand Vs. Swami Shankaracharya, pending in the Court of learned Civil Judge (Sr. Div.), Haridwar

(Annexure Nos.2 and 3 respectively).

2. From perusal of the record, it transpires that the Original Suit No.45 of 2008 was instituted by the petitioners-plaintiffs in the Court of learned Civil Judge (Sr. Div.), Haridwar. In the said Original Suit, objection has been taken by the respondents-defendants that the suit is undervalued. Learned Civil Judge (Sr. Div.),

Haridwar has got the matter examined by sending it to the Amin regarding the valuation of the property involved in the suit and as per the report of the Amin, the property in question carried the value of Rs.7,06,69,650/- and the petitioners-plaintiffs were directed to correct the valuation of the suit within seven days and list thereafter on 04.10.2012 vide judgment and order dated 11.09.2012.

3. Aggrieved by the said order dated 11.09.2012 passed by learned Civil Judge (Sr. Div.), Haridwar, the petitioners-plaintiffs carried the matter in a revision petition being Civil Revision No.84 of 2012 Sri Jagatguru Prakashanand & Anr. Vs. Shankaracharya Swami and others, which has been rejected by the learned IV Additional District Judge, Haridwar, vide judgment and order dated 13.12.2012 and the order passed by learned Trial Court dated 11.09.2012 was upheld.

4. The petitioners-plaintiffs challenged this order dated 13.12.2012 by filing a writ petition before this Court, which has been registered as WPMS No.60 of 2013 Sri Jagatguru Prakashanand Parmarthik Evem Dharamarth Sansthan Kankhal & Anr. Vs. Shankaracharya Swami Rajrajeshwar and ors. The said writ petition was disposed of by a Coordinate Bench of this Court by saying that the revision was not maintainable and the petitioners-plaintiffs were granted liberty to file an appeal before the learned Appellate Court under Section 6A of the Court Fees Act.

5. The petitioners-plaintiffs filed the said appeal along with delay condonation application moved under Section 5 of the Limitation Act 1963, which has been registered as Miscellaneous Case No.288 of 2013 Sri Jagatguru Prakashanand & Anr. Vs. Shankaracharya Swami and others., which was rejected by the learned Trial Court vide impugned order dated 05.08.2014 mainly on the ground that the valuation of the Original Suit was Rs.7,06,69,650/- , and therefore, the learned Court of District Judge, Haridwar has got no jurisdiction to entertain the appeal against the order dated

11.09.2012.

6. Learned counsel for the petitioners-plaintiffs vehemently argued that the issue of valuation of the suit is still under consideration, and therefore, the learned Trial Court has erred in law while rejecting the application on the ground of its valuation beyond limit of Rs.5,00,000/-.

7. I have perused the impugned judgments and orders as well as the entire record of the present writ petition. This Court is of the view that si