I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

24^th FEBRUARY, 2026 WRI T PETI TON NO. 2207 of 2022 ( M/ S)

Ankit Uppal ..…Petitioner Versus Vinod Kumar .…Respondent Counsel for the Petitioner : Mr. Harshit Sanwal, Advocate.

Counsel for the Respondent : Mr. Tarun Prakash Singh Takuli, Advocate.

Hon’ble Alok Kumar Verma,J.

The respondent had filed a SCC Suit (No.2 of

2014) against the petitioner. The SCC suit was decreed on 13.09.2019. A SCC Revision (No.2 of 2019) was filed by the petitioner. The said revision has been dismissed vide judgment dated 04.07.2022, passed by learned Judge, Small Cause Court/ District Judge Uttarkashi. Hence, the present writ petition.

2. Heard Mr. Harshit Sanwal, learned counsel for the petitioner and Mr. Tarun Prakash Singh Takuli, learned counsel for the respondent.

3. Supplementary affidavit dated 13.02.2026, filed by the petitioner, is taken on record.

4. Mr. Harshit Sanwal, Advocate, appearing for the petitioner submitted that the petitioner Ankit Uppal undertakes to handover the peaceful vacant possession of the suit property to the respondent within eight months from today. He further submitted that the petitioner shall pay the mesne profits, as directed by the trial court.

5. Mr. Tarun Prakash Singh Takuli, Advocate, submitted on instruction that the respondent does not want to oppose the said undertaking and submission of the petitioner.

6. The present writ petition is disposed of on the request of both the parties granting eight months period from today to the petitioner to handover the peaceful vacant possession of the suit property to the respondent.

7. It is made clear that in default of paying the mesne profits, as directed by the trial court, the petitioner will be liable to be evicted from the suit property even before the granted period. Any excess amount paid by the petitioner shall be adjusted towards the mesne profits payable.

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ALOK KUMAR VERMA, J.

Date: 24.02.2026

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