Uttarakhand High Court
Pradeep Maheshwari vs Kashinath Maheshwari (Deceased) on 8 July, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2025:UHC:5853
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
08th JULY, 2025
SECOND APPEAL NO. 37 OF 2018
Pradeep Maheshwari ..... Appellant
Versus
Kashinath Maheshwari (deceased)
and Others .....Respondents
Counsel for the Appellant : Mr. Aditya Singh, Advocate.
Counsel for the Respondent : Mr. Piyush Garg, Advocate
No.2 with Mr. Nikhil Singhal,
Advocate.
Counsel for the Respondent : Mr. Tapan Singh, Advocate.
Nos.3 to 5
WITH
SECOND APPEAL NO. 38 OF 2018
Pradeep Maheshwari ..... Appellant
Versus
Kashinath Maheshwari (deceased)
and Others .....Respondents
Counsel for the Appellant : Mr. Aditya Singh, Advocate.
Counsel for the Respondent : Mr. Piyush Garg, Advocate
No.2 with Mr. Nikhil Singhal,
Advocate.
Counsel for the Respondent : Mr. Tapan Singh, Advocate.
Nos.3 to 5
Hon'ble Alok Kumar Verma,J.
An Original Suit (Original Suit No.248 of 2011)
was filed by the appellant herein for cancellation of a gift
deed dated 18.08.2010 and for perpetual injunction. A
counter claim was filed in the said Original Suit. The
Original Suit was dismissed, whereas the counter claim was
2025:UHC:5853
decreed. The Trial Court directed the appellant-plaintiff to
hand over the possession of the suit property to the
respondent no.2- defendant no.2 within 30 days. The
plaintiff was further directed to pay Rs.100 per day as
occupational charge till the possession is handed over to
the respondent no.2. Two Civil Appeals (Civil Appeal No. 56
of 2015 and Civil Appeal No. 68 of 2015) were filed under
Section 96 of the Civil Procedure Code, 1908. Both the Civil
Appeals, filed by the plaintiff, have been dismissed vide
impugned judgment dated 30.03.2018, passed by learned
Ist Additional District Judge, Haridwar.
2. The present Second Appeals have already been
admitted.
3. The affidavits, filed by the appellant in both the
Appeals, are taken on record.
4. Heard Mr. Aditya Singh, learned counsel for the
appellant, Mr. Piyush Garg, learned counsel with Mr. Nikhil
Singhal, learned counsel for the respondent no.2 and Mr.
Tapan Singh, learned counsel for the respondent nos. 3 to
5.
5. The file of the Second Appeal No.37 of 2018 will
be the leading file.
6. Mr. Rahul Maheshwari, the son of the appellant,
is present in-person. He is identified by Mr. Aditya Singh,
Advocate.
2025:UHC:5853
7. The respondent no.2, Vishal Maheshwari, is
present in-person. He is identified by Mr. Nikhil Singhal,
Advocate.
8. Both, Mr. Aditya Singh, Advocate and Mr. Piyush
Garg, Advocate, submitted that the disputes between the
parties have been settled amicably.
9. Mr. Aditya Singh, Advocate, submitted on
instructions, that the appellant Pradeep Maheshwari
undertakes to hand over the vacant peaceful possession to
the respondent no.2 Vishal Maheshwari by 31.01.2027 and
the appellant further undertakes to pay Rs.100 per day
occupational charge, as directed by the trial court, till the
possession is handed over to the respondent no.2 Vishal
Maheshwari. He also undertakes to deposit entire
outstanding amount, if any, within a month.
10. Mr. Vishal Maheshwari, the respondent no.2
agrees with the said proposal.
11. On the request of both the parties, the present
Second Appeals (SA No. 37 of 2018 and SA No. 38 of 2018)
are being decided on the undertakings of the appellant
Pradeep Maheshwari.
12. The appellant Pradeep Maheshwari is directed to
hand over the peaceful possession of the suit property to
the respondent no.2 Vishal Maheshwari by 31.01.2027 and
to pay Rs.100 per day as occupational charge, as directed
by the trial court, continuously till the possession is handed
2025:UHC:5853
over. He is further directed to deposit entire outstanding
amount, if any, within a month from today. In case of non
compliance of any payment, the appellant shall be liable to
be evicted even before 31.01.2027.
13. Accordingly, the impugned decree is modified.
Registry is directed to draw a decree.
14. Registry is further directed to remit the
deposited amount to the trial court.
15. The Original Record be sent back to the court
concerned.
16. A copy of this judgment be placed on the file of
Second Appeal No.38 of 2018.
___________________
ALOK KUMAR VERMA, J.
Date:08.07.2025
Shiv/
