(Surendra vs Sri Mohan Singh And Others) Whereby
2025 Latest Caselaw 6538 UK

Uttarakhand High Court

(Surendra vs Sri Mohan Singh And Others) Whereby on 23 December, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      FA No. 227 of 2025
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Nikhil Singhal, learned counsel for the appellant.

2. The instant first appeal is regular appeal has been preferred by the defendant no. 3 against judgment and decree dated 15.09.2025 passed by learned Civil Judge (SD), Tehri Garhwal, in Original Suit No. 47 of 2023 (Surendra Vs. Sri Mohan Singh and others) whereby suit seeking cancellation of gift deed and permanent injunction has been decreed.

3. It is contended by the learned counsel for the appellant that the trial court erred in law while decreeing the suit since the trial court has committed manifest illegality by ignoring the fact that co-sharer of the immovable have every right to transfer their share and defendant no. 1 and 2 are the co-owner of the property in question, who transferred their share in the property by virtue of the registered gift deed dated 27.01.2023.

4. All these aspects require deep scrutiny.

5. Admit.

6. Summon the trial court record.

7. Issue notice to the respondents.

8. Steps be taken within a week.

9. List this case in the month of March, 2026.

10. Till next date of listing, effect and operation of the judgment and decree dated 15.09.2025 passed by Civil Judge (SD), Tehri Garhwal, in Original Suit No. 47 of 2023 (Surendra Vs. Sri Mohan Singh and others) shall remain stayed with a further rider that appellant shall not create any third party interest over the property in question.

(Rakesh Thapliyal, J.) 23.12.2025 SKS