Uttarakhand High Court
Unknown vs Ashok Puri & Others on 25 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes, reports,
SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and Registrar's
order with Signatures
SA No.100 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Tapan Singh, learned counsel for the appellant-
plaintiff.
2. This is a second appeal filed by the appellant-plaintiff
against the judgment and decree dated 24.07.2023 passed
by learned 1st Additional Civil Judge, Haridwar in Original
Suit No.08 of 2017, Satish Kumar vs. Ashok Puri & others,
whereby the learned trial court had dismissed the suit of
the appellant/plaintiff as well as the judgment and decree
dated 16.05.2025 passed by 1st Additional District Judge,
Haridwar in Civil Appeal No.41 of 2023, Satish Kumar vs.
Ashok Puri & others, whereby the appeal was dismissed
and the judgment and decree passed by learned trial court
was affirmed.
3. It is the contention of learned counsel for the
appellant/plaintiff that he has filed a suit for declaration
for declaring the registered Will dated 31.01.2011 as null
and void. It is the case of the appellant/plaintiff that the
appellant/plaintiff and the respondents-defendants are
the brothers and sisters and the dispute is with regard to
a house situated at Mohalla Lakadharan, Jwalapur,
Haridwar. It is undisputed that the house is the self
acquired property of the father of the appellant/plaintiff
and respondents/defendants. The first floor of the house
was given in gift to the appellant/plaintiff vide gift deed
dated 07.07.2010, while the ground floor will be the joint
property of the appellant/plaintiff and the
respondents/defendants as per succession. Respondent
No.1, Ashok Puri, based his claim on a registered Will
dated 31.01.2011, asserting that no gift deed was ever
executed in favour of the appellant/plaintiff.
Consequently, the house in question would devolve
decreed in accordance with the terms and conditions of
the said registered Will. This led to the filing of Original
Suit No. 08 of 2017, Satish Kumar vs. Ashok Puri &
Others, seeking a declaration that the registered Will is
null and void.
4. Learned counsel for the appellant/plaintiff submits
that the suit was wrongly dismissed by the learned trial
court, and that the dismissal of the appeal preferred by
the appellant-plaintiff is also a manifest error of fact and
law. Since the appellant/plaintiff himself challenged the
registered Will, there is no question of proving the said
registered Will, as pointed out by the learned trial court
while dismissing the suit. This argument has also not
been properly considered by the first appellate court and
consequently civil appeal was dismissed. He further
submits that the second appeal involves the following
substantial questions of law:-
(1) As to whether both the courts below erred in law not relying
upon the judgment and order dated 18.05.2018 passed in
partition suit no.103 of 2015, Satish Kumar vs. Ashok Puri &
others, in which the share of the plaintiff and defendant nos.1
to 4 was declared 1/5th, while the defendant no.1 claimed his
right over the total property on the basis of the disputed will
dated 31.01.2011?
(2) As to whether both the courts below erred in law not
deciding this fact that when Late Gopal Puri executed a
registered gift deed of ground floor on 07.07.2010, then how
Gopal Puri can execute the registered will dated 31.01.2011 of
the ground floor and first floor property?
(3) As to whether both the courts below erred in law not
deciding the fact that when Late Gopal Puri is the owner of the
property of house tax account number 210/197, area 658 feet2,
then how he can execute the will off house tax account
no.217/201, area 550 feet2, while he was not the owner of the
property mentioned in the will dated 31.01.2011?
(4) As to whether both the courts below erred in law not
considering this fact that when Late Gopal Puri at the time of
execution of gift deed dated 07.07.2010, due to old age not
able to put his signature on the gift deed and put his thumb
impression on the gift deed, then how on 31.01.2011 he put his
signature on the alleged will dated 31.01.2011?
5. Appeal is admitted on the aforesaid substantial
questions of law.
6. TCR be summoned.
7. Issue notice to the respondents, returnable within six
weeks.
8. Steps to be taken within three days.
9. List on 12.11.2025.
10. In the meantime, no third party interest shall be
created by the respondents-defendants on the basis of
registered Will in-question.
11. Interim relief application (IA No.1/2025) stands
disposed of accordingly.
(Pankaj Purohit, J.)
25.08.2025
AK
