FA/222/2024
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Uttarakhand High Court

FA/222/2024 on 10 April, 2026

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

                                 FA No.222 of 2024
                                 Hon'ble Siddhartha Sah, J.

Heard Mr. Vikas Bahuguna and Mr. Yash Bisht, learned counsel for the appellants and Mr. M. S. Tyagi, learned Senior Counsel assisted by Mr. Chandra Prakash, learned counsel for the respondent.

2. Certified copy of the decree has been provided by the learned counsel for the appellants. The same is taken on record.

3. Learned counsel for the appellants states that it is a regular first appeal against the judgment and decree dated 28.10.2024 by means of which, the Original Suit No.358 of 2016 of the plaintiff/respondent has been decreed for declaring the sale deed dated 22.01.2014 as null and void and the same has been cancelled and the defendants/appellants have also been restrained from selling or interfering in the peaceful possession of the plaintiff/respondent as well as a decree of damages to the tune of Rs.1000/- has also been granted.

4. Learned Senior Counsel for the respondent submits that it is a case where the real brother was the power of attorney of the plaintiff and in utter misuse of the power of attorney has executed the sale deed in question in favour of his wife without payment of any consideration and the suit has been rightly decreed.

5. Since it is a regular appeal.

6. Admit.

7. Heard the learned counsel for the parties on the Stay Application No.1 of 2024)

8. It is an admitted position between the parties that on the date when sale deed was executed, the power of attorney was subsisting.

9. The stay application has been filed by the appellants seeking staying the effect and operation of judgment and decree dated 28.10.2024 passed by learned IVth Additional Civil Judge (Senior Division), Dehradun in Original Suit No.358 of 2016, Bharat Singh vs. Madan Singh Verma & Anr.

10. The effect and operation of the judgment and decree dated 28.10.2024 passed by learned IVth Additional Civil Judge (Senior Division), Dehradun in Original Suit No.358 of 2016, Bharat Singh vs. Madan Singh Verma & Anr. is stayed till the next date of listing.

11. Since the TCR has already been received, the Registry is directed to prepare paper book and supply the copies thereof to the respective counsel for the parties on payment of usual charges.

12. List this matter on 09.07.2026 for hearing.

13. Stay application (IA No.1 of 2024) stands disposed of accordingly.

(Siddhartha Sah, J.) 10.04.2026 Akash