SA/182/2023
2025 Latest Caselaw 6231 UK

Uttarakhand High Court

SA/182/2023 on 15 December, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

SL.          Office Notes,
No.   Date      reports,
               orders or                   COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             SA No. 182 of 2023
                             Hon'ble Rakesh Thapliyal, J.

1. Mr. Anil Kumar Joshi, learned counsel for the appellant.

2. Mr. Siddhartha Sah, learned counsel for the respondents.

3. The suit was filed by the respondent/plaintiff for seeking the permanent injunction, the same was dismissed on the ground that the property of the plaintiff is not identifiable.

4. Being aggrieved the civil appeal was filed however the appellate court allowed the appeal and decreed the suit.

5. Learned counsel for the appellant argued that in respect of a big chak of land, the two sale deeds were executed, one in favour of the plaintiff and the other one in favour of the defendants and the area of land in both the sale deeds are different including boundaries. He argued that prima facie if there is any grievance of the plaintiff move an application for demarcation in terms of Section 41 of Land Revenue Act and the suit for permanent injunction is not maintainable in view of Section 41 (h) of Specific Relief Act. Admittedly there is non-concurrent finding of both the courts below, hence this requires certainly deep scrutiny.

6. Instant second appeal is admitted on the following substantial question of law:-

(i) Whether of absence of degree of division of holding under section 176 of Utt Z.A.L.R Act the plaintiff is justified in filing the suit for permanent injunction against the other co-tenure holder?

(ii) Whether the suit of the respondent/plaintiff is barred by the provisions of Section 41(h) of Specific Relief Act 1963?

7. Summon the trial court record.

8. Till the next date of listing the judgment and decree passed by the Ist Additional District Judge, Vikas Nagar, Dehradun dated 23.11.2023 in Civil Appeal No. 01 of 2023 " Smt. Godawari Devi others vs. Smt. Aasha Rawat and others" is stayed.

9. List this appeal for final disposal in the week commencing 09.03.2026.

(Rakesh Thapliyal, J.) 15.12.2025 Nahid