HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 194 of 2025

15 May, 2025 Ashwani Kumar … Petitioner Versus Amitabh Kumar & others … Respondents ----------------------------------------------------------------------

Presence:-

Mr. Yogesh Pant, learned counsel for the petitioner.

Mr. Piyush Garg, learned counsel for the respondent/caveator.

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Hon’ble Manoj Kumar Tiwari, J

JUDGMENT

1. By means of this petition filed under Article 227 of the Constitution of India, petitioner has sought the following reliefs:-

(i) To set aside the order dated 30.11.2024 (contained as Annexure No. 1) passed by the Ld. District Judge, Rudrapur, District Udham Singh Nagar, in Revision Case No. 47 of 2022 namely, “Ashwini Kumar Vs. Amitabh Kumar and Others” along with the order passed by the Ld. IInd Add. Senior Civil Judge, Rudrapur, District Udham Singh Nagar, dated 12.09.2022 (contained as Annexure No. 2) passed in Misc. Civil Application No. 15 whereby, the Misc. Civil Application No. 15 of 2020 filed for restoration of the Civil Suit No. 43 of 2011 is dismissed.

(ii) To allow the restoration application (contained as Annex