HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition Misc. Single No. 2509 of 2021

28^th October, 2025

Smt Ankita Agarwal and another ………Petitioners

Versus

Smt Mamta Agarwal and another ………….Respondents ----------------------------------------------------------------------

Presence:-

Mr. Nagesh Aggarwal, Advocate for the petitioners.

Mr. Ramji Shrivastava, Advocate for respondent no.1.

There is no representation for respondent no.2.

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Hon'ble Pankaj Purohit, J.

This writ petition has been filed under Article

227 of the Constitution of India, whereby the petitioners- defendants have put to challenge the judgment and order dated 29.09.2021, passed by learned IV^th Additional District Judge, Dehradun, in Misc. Civil Appeal No.91 of 2019, Smt. Mamta Agarwal Vs. Smt. Ankita Agarwal and others, whereby the misc. civil appeal filed by the respondent no.1-plaintiff was allowed and the judgment and order passed by learned trial court dated 16.10.2019 whereby issue nos.3 and 4 were decided in favour of the petitioners-defendants and against respondent no.1-

plaintiff, was set aside.

2. Facts of the case in brief are that an Original Suit No.