Uttarakhand High Court

FA/126/2025 on 7 July, 2025

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                         COURT'S OR JUDGES'S ORDERS
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      07.07.2025                        FA No. 126 of 2025
                                        Hon'ble Alok Kumar Verma, J.

The proposed Appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the defendant no.1 challenging the judgment and decree dated 30.05.2025, passed by learned Additional District Judge, Vikasnagar, District Dehradun in Original Suit No.117 of 2010, whereby the registered sale-deed dated 26.06.2006 has been cancelled and perpetual injunction has been issued.

2. Heard Mr. Aditya Singh, learned counsel for the appellant and Mr. Piyush Garg, learned counsel for the respondent no.1 - plaintiff.

3. Mr. Aditya Singh, Advocate, contended that the respondent no.2-defendant no.2 was the owner of the suit property. He executed a General Power of Attorney dated 28.11.1997 in favour of the father of the respondent no.1-plaintiff. The said General Power of Attorney was registered on 29.11.1997. On 05.12.1997, he revoked the General Power of Attorney by issuing a written notice through a registered post and UPC. Notwithstanding the revocation, the father of the plaintiff executed a registered sale-deed dated 07.03.2000 in favour of his son, the plaintiff. The respondent no.2- defendant no.2 executed a registered sale- deed dated 26.06.2006 in favour of the appellant. The appellant is the bonafide purchaser. The suit, filed in the year, 2010 to challenge the registered sale-deed of the year, 2006, is barred by limitation.

4. On the other hand, Mr. Piyush Garg, Advocate, submitted that as per the plaintiff, the registered General Power of Attorney was revoked through an unregistered letter. The information of revocation was never communicated to the power of attorney holder. The plaintiff purchased the suit property in the year, 2000 by paying the entire consideration.

5. Admit.

6. Original record is summoned.

7. List on 30.07.2025.

8. Having heard, both the parties are restrained to create any third party interest over the suit property till the date fixed.

9. Stay Application (IA No.1 of 2025) is disposed of accordingly.

(Alok Kumar Verma, J.) 07.07.2025 Shiv/