SA/136/2024
2025 Latest Caselaw 4496 UK

Uttarakhand High Court

SA/136/2024 on 19 September, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                           COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures


                                      SA No. 136 of 2024
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Bharat Tiwari, learned counsel for the appellant.

2. The instant second appeal is preferred against the judgment and decree dated 06.03.2020 passed by Civil Judge, (JD), Sitarganj, in O.S. No. 59 of 2015 (Amit Arora and another Vs. Kesar Singh and others) whereby suit filed by the plaintiffs / appellants was dismissed and simultaneously, counter claim of the defendants was also rejected. Being aggrieved, plaintiffs filed First Appeal before Addl. District Judge, Khatima and the same was also dismissed on 28.08.2024.

3. As per office report, the second appeal is well within time.

4. It is argued by learned counsel for the appellants that while deciding the suit, certain issues were framed including the issue whether plaintiffs / appellants are recorded bhumidhars of the land, in question, and whether plaintiffs are in possession over the land, in question. He submits that both these issues were decided in favour of the plaintiffs, however, both suit and first appeal have been dismissed.

5. Admit the second appeal on the following substantial question of law:

"a. Whether both the courts below were right in not granting the relief and injunction particularly, when the first Appellate Court while framing the fresh issue recorded a finding that plaintiffs are actual owner and are in possession over the suit property."

6. Issue notice to the respondents.

7. Steps be taken within a week.

8. List after four weeks.

9. In the meantime, both the parties are directed to maintain status quo over the property in question.

(Rakesh Thapliyal, J.) 19.09.2025 SKS