HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 716 of 2025

11 July, 2025 Hena Hasan Desai … Petitioner Versus Moti Mahal Deluxe A Partnership Firm … Respondent ----------------------------------------------------------------------

Presence:-

Ms. Aastha Mehta & Mr. Pramod Bailwal, learned counsel for the petitioner ----------------------------------------------------------------------

(Hon'ble Manoj Kumar Tiwari, J.)

JUDGMENT

1. By this petition filed under Article 227 of the Constitution, petitioner has challenged order dated 15.07.2023 passed by 4^th Additional District Judge, Dehrdun in SCC Revision No. 1 of 2022. By the said order, application filed by petitioner, for taking additional evidence on record in a revision filed under Section 25 of the Provincial Small Cause Courts Act, 1887, was rejected.

2. It transpires that petitioner’s mother filed an eviction suit against the respondent as Mutwalli by contending that the suit property belongs to a Wakf. During pendency of the suit, petitioner’s mother passed away on 12.05.2021 and petitioner was substituted as plaintiff in the suit. The suit was dismissed by learned Judge, Small Cause Court, Dehradun vide judgmen