Subodhani Thapliyal And Others vs State
2022 Latest Caselaw 752 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      14.03.2022                        SA No.26 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 17.12.2021, passed by the learned IInd Additional District Judge, Dehradun in Civil Appeal No.153 of 2018, "Smt. Subodhani Thapliyal and Others vs. State of Uttarakhand and Others", whereby, the First Appeal has been allowed. The said First Appeal was filed against the dismissal of the Original Suit.

Heard Mr. Sanjay Bhatt, the learned counsel for the appellant and Mr. I.P. Kohli, learned Standing Counsel for the State/respondent no.6.

According to the learned counsel for the appellant and the respondent no.6, the property-in-question belongs to the State Government and the said properties were allotted by the State Government to the appellant, the State Election Commission of Uttarakhand. The learned counsel for the appellant further submitted that the office of the State Election Commission is running in the said property-in-question.

The Second Appeal is admitted on the following substantial questions of law:-

(1) Whether the First Appellate Court committed a manifest error of law while granting relief of injunction to the respondent nos. 1 to 5- plaintiffs in absence of their title over the suit property?

(2) Whether the alleged misconduct of the defendants can be a ground to decree the suit of the plaintiffs even if the plaintiffs failed to prove their title and possession over the suit property?

(3) Whether the First Appellate Court has committed manifest error of law in deciding the issue of allotment and regularization of possession of the plaintiffs over Government land while deciding the suit for injunction and eviction?

Issue notice to the remaining respondents.

Steps to be taken within a week. Post this case on 28.04.2022. In the facts and circumstances of the case, till the next date of listing, the effect and operation of the impugned judgment and decree dated 17.12.2021, passed by the learned IInd Additional District Judge, Dehradun in Civil Appeal No. 153 of 2018, "Smt. Subodhani Thapliyal and Others vs. State of Uttarakhand and Others", is stayed.

(Alok Kumar Verma, J.) 14.03.2022

Neha