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S N L o . Date proc R ee e d gi i s n t g ra s r o ’s r d o i r r d e e c r t i w on it s h and COURT’S OR JUDGES’S ORDERS

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WPMS No.65 of 2026

Hon’ble Pankaj Purohit, J.

Mr. Narendra Bali, learned counsel for the

petitioner.

2. By means of the present writ petition, the petitioner seeks quashing of the impugned order dated 17.05.2023, passed by the learned District Judge, Haridwar, whereby the application under Order 41 Rule 27 CPC was rejected, and further seeks a direction to allow the application under Order 41 Rule 27 CPC

filed by the petitioner.

3. It is submitted by the learned counsel for the petitioner that the learned appellate court passed the impugned order without considering the material facts and evidence available on record. He further submits that since the question regarding the status of Swami Ramesharanand was raised at a belated stage in the judgement of the learned trial court, it was only then feasible and possible for the petitioner/plaintiff to collect the required documents and file them at the appellate stage for proper adjudication of the matter. Therefore, the observations made by the learned appellate court while rejecting the application are

perverse and bad in the eyes of law.

4. Issue notice to the respondents returnable within 6

weeks.

5. Steps to be taken within three days.

6. List on 27.03.2026.

7. In the meantime, respondents may file their counter affidavits.

8. Till the next date of listing, further proceedings of Civil Appeal No.26 of 2022, Manav Sharma vs. Deepak Kumar and another, pending in the court of learned District Judge, Haridwar shall remain stayed.

9. Stay application (IA No.1/2026) stands disposed of accordingly.

(Pankaj Purohit, J.)

07.01.2026 AK