FA/167/2022
2022 Latest Caselaw 2890 UK

                      Office Notes,
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         Date                                       COURT'S OR JUDGES'S ORDERS
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      09.09.2022                        FA No.167 of 2022
                                         Hon'ble Alok Kumar Verma, J.

The present Civil Appeal has been filed under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 22.07.2022, passed by the learned Civil Judge (Senior Division), Kashipur, District Udham Singh Nagar in Original Suit No.36 of 2014, "Sukhdev Singh Sidhu vs. Harbhajan Singh (deceased) and Others", by which, the suit for cancellation of gift deed dated 28.02.2014 and for the perpetual injunction, filed by the appellant- plaintiff, has been dismissed.

Heard Mr. Atul Kumar Bansal, the learned counsel for the appellant.

The learned counsel for the appellant submitted that Mr. Harbhajan Singh (since deceased), the father of the appellant, had executed a gift deed of the property-in- question in favour of the respondent no.2. The appellant and the respondent no.2 are real brothers. The property-in-question is ancestral property. Mr. Harbhajan Singh had no right to execute the said gift deed.

Admit.

Issue notice to the respondent nos. 2 to 4, in accordance with law.

Steps to be taken within a week. List this case on 20.12.2022. In the facts and circumstances of the case, both the parties are directed to maintain status quo over the property-in- question till the next date of listing.

(Alok Kumar Verma, J.) 09.09.2022

Neha