'Shri Sanjay Chandana vs Shri Ranjeet Singh And
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Uttarakhand High Court

'Shri Sanjay Chandana vs Shri Ranjeet Singh And on 14 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office    Notes,
                   reports, orders
                   or proceedings
SL.
         Date      or    directions                      COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                   order       with
                   Signatures
      14.05.2025                      SA No.29 of 2025
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. D.C.S. Rawat and Mr. Vishesh Srivastava, learned counsel for the appellants.

2. The present second appeal is preferred by the appellant for setting-aside the impugned judgment and decree dated 13.12.2024 passed by learned 1st Additional District Judge, Dehradun in Civil Appeal No.12 of 2023 'Shri Sanjay Chandana Vs. Shri Ranjeet Singh and Others' by affirming the judgment and decree dated 27.01.2023 passed learned Senior Judge Dehradun in Original Suit No.1126 of 2020 'Shri Sanjay Chandana Vs. Shri Ranjeet Singh and Others'.

3. Learned counsel for the appellants would submit that impugned judgment and decree dated 13.12.2024 passed by learned 1st District Judge, Dehradun in Appeal No.12 of 2023 is illegal and improper; that, the learned Appellate Court has committed a manifest error of law by allowing the suit of the plaintiff/respondent without appreciating the evidence on record in correct perspective, therefore, the impugned judgment and order passed by the learned lower appellate court is liable to be set aside.

4. Having heard the learned counsel appearing for the appellants, this Court is of the opinion that the following substantial questions arise for determination in this case:-

(i) Whether the lower appellate court is justified in allowing the Civil Appeal of the plaintiff/respondent without considering that the plaintiff/respondent was failed to prove his case as pleaded in plaint against the defendant/appellant, who are owner of the of the property in question?

(ii) Whether the plaintiff/respondent can seek injunction against the co-tenure holder without proper partition of the agricultural land?

(iii) Whether the unidentified and undemarcable tenure holder right of subsequent owner have overriding effect to the original tenure holder i.e., Ranjeet Singh appellant?

(iv) Whether the correction deed (through attorney) dated 19.12.2017 is valid as the Kunwar Singh had already executed his share to the defendant no.3/appellant no.3 i.e., Laxmi Devi vide registered sale deed dated 18.09.2012?

(v) Whether the simpliciter suit for injunction is maintainable against the true owner/present defendant/appellant, who had purchased the suit property by virtue of the registered sale deed dated 18.09.2012 from its recorded owner Mr. Kunwar Singh without challenging the same in the suit?

5. In that view of the matter, the second appeal is admitted on the aforesaid substantial questions.

6. Issue notice to the respondents through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

7. Steps to be taken within three weeks.

8. List this matter on 27.08.2025.

9. The operation and effect of the impugned judgment and decree dated 13.12.2024 passed by learned 1st Additional District Judge, Dehradun in Civil Appeal No.12 of 2023 'Shri Sanjay Chandana Vs. Shri Ranjeet Singh and Others' shall remain stayed and the respondents are restrained from interfering in the peaceful possession of the present appellant during pendency of the present second appeal.

10. Stay Application (IA/1/2025) stands disposed of accordingly.

(Vivek Bharti Sharma, J.) 14.05.2025 SS