Uttarakhand High Court
Unknown vs Ashok Kumar Batra And Others on 19 February, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
FA No.21 of 2026
Hon'ble Siddhartha Sah, J.
Mr. Narendra Bali, Advocate for the defendants/appellants.
2. This first appeal has been preferred by the defendants/appellants against the judgment dated 23.12.2025 and decree dated 03.01.2026 passed in Original Suit No.77 of 2018, M/s Ashoka Rice Mill vs. Ashok Kumar Batra and others, by the court of Civil Judge (S.D.), Khatima, District Udham Singh Nagar to the extent the trial court has decreed the suit of the respondent/plaintiff, cancelled the registered gift deed dated 27.08.2016 and granted permanent injunction against the appellants
3. This is a regular first appeal.
4. Admit.
5. With reference to the Stay Application (IA No.1 of 2026), learned counsel for the appellants has drawn the attention of this Court to family settlement/partition dated 06.03.2003 and another family settlement, he relies upon para 3 and 4 of the family settlement dated 06.03.2003 and states that Ashoka Rice Mill was given in the share of the defendants/appellants also in the subsequent family settlement (family settlement/partition dated 13.02.2008), it is clearly mentioned in para 6 that Ashoka Rice Mill is given in the share of Ashok Kumar Batra. He had right to alienate the property which is the subject matter of the suit.
6. In that view of the matter, the effect and operation of the impugned judgment and order dated 23.12.2025 and decree dated 03.01.2026 passed by the court of Civil Judge (S.D.), Khatima, District Udham Singh Nagar in Original Suit No.77 of 2018, M/s Ashoka Rice Mill vs. Ashok Kumar Batra and others, shall remain stayed till the next date of listing.
7. Issue notice to the respondent. Steps to be taken within 5 days.
8. List this case on 16.04.2026.
[ (Siddhartha Sah, J.) 19.02.2026 Ravi