Uttarakhand High Court
WPMS/2325/2026 of KULVINDER SINGH Vs STATE OF UTTARAKHAND on 10 August 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2325/2026 Kulvinder Singh --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Manoj Kumar Tiwari, J 1. None present
UKHC010135452026
2026:UHC:7041
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
WPMS/2325/2026
Kulvinder Singh
--Petitioner
Versus
State Of Uttarakhand
--Respondent
Hon’ble Manoj Kumar Tiwari, J
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1. None present for the petitioner.
2. Mr. R.S. Kunwar, learned Additional C.S.C. for the State of Uttarakhand.
3. Father of the petitioner instituted a Civil Suit, seeking declaration of civil death of Ms. Jaswinder Kaur & Mr. Sukhwant Singh under Section 108 of Indian Evidence Act with the pleading that after death of his son Joginder Sngh on 05.06.2001, his daughter-in-law (Jaswinder Kaur) and grandson (Sukhwant Singh) are not traceable since July, 2001.
4. The plaint of the said suit was rejected on an application under Order 7 Rule 11 CPC by Civil Judge (J.D.), Bazpur, District Udham Singh Nagar vide order dated 07.07.2025, which has been challenged by petitioner by filing Civil Appeal No. 27 of 2025.
5. By means of this writ petition, petitioner has sought the following reliefs:-
(I) Issue an appropriate writ, order or direction UKHC010135452026
2026:UHC:7041 directing the respondents to maintain status quo with regard to the nature possession and revenue entries of the property in dispute till the final disposal of Civil Appeal No 27 of 2025, pending before the Court of learned District Judge. Udham Singh Nagar, arising out of the judgment and decree dated 07.07.2025 passed by the learned Civil Judge, Bazpur. District Udham Singh Nagar in Original Suit No. 125 of 2012.
(II) Issue an appropriate writ, order or direction restraining the respondents and the concerned Revenue Authorities from mutating the names of Respondent Nos 1 and 2 or from giving effect to the judgment and decree dated 07.07 2025 by altering the revenue records or creating any third-party rights in respect of the property in dispute till the final disposal of Civil Appeal No.27 of 2025
6. The relief, as claimed by petitioner, cannot be granted in a petition under Article 227 of the Constitution.
7. Since petitioner’s appeal is pending before learned District Judge, therefore, the writ petition is disposed of with liberty to petitioner to seek protection by moving appropriate application before the Appellate Court.
(Manoj Kumar Tiwari, J)
10.08.2026 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d 1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F46 10C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.08.10 08:11:59 -07'00'