WPMS/2994/2025
2025 Latest Caselaw 5420 UK

Uttarakhand High Court

WPMS/2994/2025 on 11 November, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
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                                  WPMS No.2994 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Bhuwan Bhatt, learned counsel for the petitioners-defendants.

2. Mr. K.S. Mehta, learned Additional C.S.C. with Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the State of Uttarakhand/respondent No.24.

3. Ms. Anjali Bhargava, learned counsel for respondent No.25/Gram Panchayat.

4. By means of the present writ petition under Article 227 of Constitution of India, petitioners have put to challenge the order dated 29.05.2025 passed by learned Assistant Collector-1st Class, Babhar Haldwani, District Nainital in Revenue Suit No.22 of 2022-2023 Ramesh Chandra Sharma Vs. Shambhu Dutt and Ors., whereby, the temporary injunction moved by respondent No.1-plaintiff was allowed; as well as the judgment and order dated 08.09.2025 passed by learned Board of Revenue, Circuit Branch Nainital, in Revision No.62 of 2024-25 Smt. Babita Puri and Ors. Vs. Ramesh Chandra Sharma and Ors., whereby, revision moved by the petitioners-defendants was dismissed and order passed by learned Trial Court was affirmed.

5. It is contended by learned counsel for the petitioners-defendants that the suit was filed for cancellation of the sale deed dated 22.09.2016 by respondent No.1- plaintiff before the learned Trial Court on 06.07.2023 after a period of 07 years from the date of execution of sale deed.

6. It is further contended by him that the Suit for cancellation of sale deed should have been filed before the learned Civil Court not before the learned Revenue Court, and therefore, he submits that learned Trial Court as well as the learned Revisional Court both have fell into error of law and facts while passing the impugned orders.

7. This Court, prima-facie, finds favour with the submissions made by learned counsel for the petitioners-defendants.

8. Issue notice to respondent No.1- plaintiff, returnable within four weeks.

9. Steps to be taken within 03 days.

10. Put up on 16.12.2025.

11. It is clarified that the temporary injunction issued in favour of respondent No.1-plaintiff shall be in respect of the property which is subject matter of sale deed, while in rest of the land, petitioners- defendants may continue their agriculture activities.

(Pankaj Purohit, J.) 11.11.2025 PN