SA/19/2025
2025 Latest Caselaw 2173 UK

Uttarakhand High Court

SA/19/2025 on 24 February, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
No                 Registrar's order with
                        Signatures
      24.02.2025                            SA No.19 of 2025
                                            Hon'ble Alok Mahra, J.

Heard Mr. P.K. Chauhan and Mr. V.K. Chauhan, learned counsel for the appellant.

2. The appeal is admitted on the following substantial questions of law:-

1. Whether the Ld. Lower Appellate Court committed an error of law in setting aside the judgment and decree passed by the Trial Court by ignoring the violation of Section 161 of UPZA & LR Act and also Section 17 of Registration Act.

2. Whether the appellate court confirming the finding recorded by the trial court that the basis of title of the plaintiff's claim for Mutual Consent Agreement (Samjhautanama) being unregistered and, the Appellate Court allowed admission of the samjhautanama (Mutual Consent Exchange deed) solely on oral evidence provided by the plaintiff Order 13 Rule 3.

3. Issue notice to the respondent, returnable within four weeks.

4. Steps to be taken within a week.

5. List after service report is received.

6. Till the next date of listing, the effect and operation of the judgment dated 06.02.2025 and decree dated 15.02.2025 passed by 1st Addl. District Judge, Roorkee, District Haridwar in Civil Appeal No.01 of 2024 shall remain stayed.

7. Interim Relief Application IA No.1/2025 is disposed of.

(Alok Mahra, J.) 24.02.2025 BS