IN THE HIGH COURT OF UTTARANCHAL AT

NAINITAL

CIVIL MISC. WITHDRAWAL APPLICATION NO.7315 OF 2004

IN

WRIT PETITION NO.1083 (MS) OF 2003

Arun Kumar, son of Late Sri Bhukan Lal, resident of House No.

11-35, Petel Chowk, Bartan Bazar, Haldwani, Tehsil Haldwani,

District Nainital. ……………..Petitioner.

Versus

1.

Sri Devendra Kumar, son of Rameshwar Dayal,

2.

Km. Yogita Gupta,

3.

Km. Reshi Gupta,

4.

Km. Shweta Gupta,

5.

Km. Siddhi Gupta,

6.

Km. Sheela Gupta,

All daughters of Sri Devendra Kumar, resident of Bhola

Nath Bagh, Kaladhunghi road, Haldwani, District

Nainital.

7.

Sushil Kumar, son of late Bhukan Lal, resident of Tikonia,

Haldwani, District Nainital. …………Respondents.

Dated: 20.04.2004

Counsel for the petitioner, Sri Sarvesh Agarwal.

Counsel for the respondent, Sri Bindesh Kumar Gupta, Sudhir Kumar Nainwal.

Hon'ble Rajesh Tandon, J.

By the present write petition, the petitioner has prayed for

a write of certiorari quashing the order dated 23^rd of August,

2003 by which an application for getting the permission to file

additional evidence has been rejected. Present write petit