[Cites 1, Cited by 0]
Uttarakhand High Court
AO/124/2025 on 11 December, 2025
2025:UHC:11060
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
AO/124/2025
Hon'ble Alok Mahra, J.
Mr. Gaurav Kandpal, learned
counsel for the appellants.
2. Mr. Mukesh Rawat, learned
counsel for the Caveator/respondent.
3. This appeal has been preferred by
the appellants against the impugned
order dated 25.02.2025 passed by the
learned Civil Judge (Senior Division),
Haridwar in Original Suit No. 23 of
2025, whereby the trial court allowed
the temporary injunction application
and restrained the appellants/
defendants from interfering with the
peaceful possession of the
respondent/plaintiff over the suit
property, as well as from forcibly
dispossessing the respondent
therefrom.
4. Heard learned counsel for the
parties and perused the record.
5. It is alleged that the father of the
appellants, late Ramesh Chand Jaiswal,
had purchased the suit property by a
registered sale deed dated 10.06.1975
and constructed a house thereon, of
which he remained the exclusive owner-
in-possession during his lifetime. It is
further alleged that late Ramesh Chand
Jaiswal had filed Suit No. 5 of 2019
before the Sub-Divisional Magistrate/
Prescribed Authority under the
Maintenance and Welfare of Parents
and Senior Citizens Act, 2007; that, the
2025:UHC:11060
said case was decreed on 03.11.2022;
and that pursuant to the said order,
appellant no.1 was evicted from the
house on 28.01.2023, thereby restoring
exclusive possession to late Ramesh
Chand Jaiswal.
6. It is further alleged that late
Ramesh Chand Jaiswal executed a
registered gift deed on 11.05.2023 in
favour of the respondent, whereby the
respondent became the exclusive
owner-in-possession of the suit
property. It is also submitted that the
appellants challenged the order dated
03.11.2022 before the District
Magistrate, Haridwar, who vide order
dated 25.11.2024 set aside the order on
the ground that Ramesh Chand Jaiswal
had died on 19.05.2024, and the
property was thereafter restored to the
appellants by the Nayab Tehsildar,
Jwalapur. The said order, however, was
challenged by the respondent in WPMS
No. 1725 of 2025, and the Coordinate
Bench of this Court vide judgment
dated 03.07.2025 allowed the writ
petition, set aside the order dated
25.11.2024, and observed that the
appellants (respondents therein) would
not be precluded from approaching the
appropriate forum, if available in law.
7. Learned counsel for the
respondents would submits that
appellant no.1, Pankaj Jaiswal, has
also filed WPMS No. 2047 of 2025
challenging the order dated 03.11.2022
passed by the SDM, Haridwar in Case
No. 05 of 2019, Ramesh Chand Jaiswal
vs. Pankaj Jaiswal, which is pending
consideration. He would further submit
that the respondents have filed a suit
2025:UHC:11060
for cancellation of the aforesaid gift
deed.
8. In view of the fact that multiple
proceedings concerning the same
subject matter have been initiated by
the appellants, and the question of title
and validity of the gift deed is already
sub judice before competent forums,
this Court finds no error or infirmity in
the discretion exercised by the learned
trial court in granting interim
protection to the respondent. The trial
court has rightly restrained the
appellants from disturbing the
respondent's possession until the
substantive rights of the parties are
finally adjudicated.
9. For the reasons aforesaid, this
Court finds no merit in the appeal. The
appeal is accordingly dismissed.
[
(Alok Mahra, J.)
11.12.2025
Mamta
MAM
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postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9c
RANI
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6690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2025.12.12 14:49:19
+05'30'
2025:UHC:11060
