SA/118/2025
2025 Latest Caselaw 4860 UK

Uttarakhand High Court

SA/118/2025 on 14 October, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

SL.          Office Notes,
No.   Date      reports,
               orders or               COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             SA No. 118 of 2025
                             Hon'ble Rakesh Thapliyal, J.

1. Mr. D.S. Patni, learned Senior Advocate assisted by Mr. Karmanya Pandey, learned counsel for the appellant.

2. The instant second appeal has been preferred by the appellant/defendant against the judgment and decree dated 30.04.2016, passed by the 1st Addl. Civil

of 2011 as well as against the judgment and decree dated 24.09.2025 passed by the 1st Addl. District Judge, Haridwar in Civil Appeal No. 26 of 2016.

3. The suit for permanent and mandatory injunction was sought by the plaintiff with possession against the appellant and her husband, which was decreed against which civil appeal was preferred which was also dismissed. In the said suit, written statement was filed with specific averment that suit property came in the share of the defendants by way of family settlement, and, as such, become owner and since 12 year are in occupation and possession over the suit property. The Trial Court framed as many as six issues, however, no such issue in respect of averment made in para 19 of the W.S. was framed.

4. In view of this, the instant second appeal is admitted on the following substantial questions of law:-

(i) Whether the Trial Court was right in decreeing the suit without framing the issue in respect of the averment as made in para 19 of the W.S.?

(ii) Whether the appellant/defendant is the owner of the suit property?

5. Summon the records.

6. Issue notice to the respondents.

7. Steps to be taken within a week.

8. Put up this matter on 24.11.2025.

9. Till the next date of listing, the appellant shall not be evicted from the property in question.

(Rakesh Thapliyal, J.) 14.10.2025 Parul