Uttarakhand High Court
Mayank Agarwal & Anr. .....Appellants vs Krishna Mohan Agarwal on 9 April, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
2025:UHC:2757
HIGH COURT OF UTTARAKHAND AT NAINITAL
Second Appeal No.17 of 2025
Mayank Agarwal & Anr. .....Appellants
Vs.
Krishna Mohan Agarwal ....Respondent
Present:-
Mr. M.S. Bhandari, Advocate for the appellants
Mr. Neeraj Garg, Advocate for the respondent
9th April, 2025
Hon'ble Vivek Bharti Sharma, J. (Oral)
There is a suo-moto report of Registrar
(Judicial) in the file which indicates that inadvertently
original decree has been supplied to the parties instead of
certified copies, and the same original decree has been
filed by the appellants with the instant appeal. Thus, it is
prayed that the original copy of the decree be returned to
the court concerned.
2. Request is accepted.
3. Let the original decree be sent back to the
court concerned for placing the same in record of the
Trial Court. The employee, who has committed this
mistake, is admonished to be careful in future.
4. By means of present second appeal,
2025:UHC:2757
appellants/defendants seek to set-aside the judgment
and decree dated 11.07.2023 passed by IV Additional
Senior Civil Judge, Dehradun in Original Suit
No.441/2017 and the judgment/order dated 29.11.2024
passed by Ist Additional District Judge, Dehradun in
First Appeal No.98/2023.
5. Learned counsel for the appellants/defendants
would submit that the respondent/plaintiff is father of
appellant no.1/defendant no.1 and father-in-law of
appellant no.2/defendant no.2; that, the
respondent/plaintiff filed a suit for a decree of eviction
and permanent injunction as well as mesne profit against
the appellants/defendant nos.1 and 2 and defendant
no.3, who was the wife of respondent/plaintiff, alleging
that the defendants are merely the licensee in the suit
property, which is a self acquired property of the
respondent/plaintiff; that, the Trial Court vide impugned
judgment/decree dated 29.11.2014, decreed the suit of
respondent/plaintiff; that, being aggrieved,
appellants/defendants preferred first appeal, which also
got dismissed vide judgment/order dated 11.07.2023.
Hence, present second appeal.
6. Learned counsel for the appellants/defendants
2025:UHC:2757
would submit that defendant no.3, who was the mother
of appellant/defendant no.1 also had the share in the
suit property; that, there was also a dispute between the
parties regarding the movable property for which
respondent/plaintiff had filed a civil suit no.71/2021
with relief of 1/3rd share in the movable properties of his
deceased wife i.e. mother of appellant/defendant no.1.
7. Per contra, learned counsel for
respondent/plaintiff would submit that very unequivocal
finding on the facts and evidence have been recorded by
the Trial Court which has been affirmed in first appeal,
thus, there is no scope for interference by this Court in
second appeal.
Besides, he would submit that
respondent/plaintiff was the absolute owner of the suit
property and the appellants/defendants were residing in
the suit property only as licensee. He would further
submit that the defendant no.3 had appeared in the trial
court but she did not file her written statement nor she
led any evidence to show that she contributed in the
funds for purchase of suit property.
8. In reply, learned counsel for the
2025:UHC:2757
appellants/defendants would fairly concede that
registered sale deed was in the name of
respondent/plaintiff, as also that there was no written
statement filed by defendant no.3/mother to claim that
she had invested in funds in construction of suit property
or that she contributed in the consideration paid for
purchase of the suit property.
9. Having considered the above submissions and
after going through the impugned judgments and orders
passed by the trial court and the first appellate court, in
the firm opinion of this Court, no substantial question of
law arises for consideration in this appeal.
10. Accordingly, present second appeal is
dismissed in limine.
(Vivek Bharti Sharma, J.)
09.04.2025
Rajni
RAJINI
OF UTTARAKHAND,
2.5.4.20=97cfa6e4cbd49c07b876db
48448ac3701a9ae475a2547e4b7f1
d9b1f17d01342,
postalCode=263001,
GUSAIN st=UTTARAKHAND,
serialNumber=8D039BC77BD1A222
2B4DF4FC80D4557562F95BEBA013
F530616A158A0A878BD8,
cn=RAJINI GUSAIN
Date: 2025.04.22 18:17:32 +05'30'
