FA/21/2026
2026 Latest Caselaw 3077 UK

Uttarakhand High Court

FA/21/2026 on 16 April, 2026

              Office Notes,
             reports, orders
             or proceedings
SL.           or directions
      Date                                         COURT'S OR JUDGES'S ORDERS
No                 and
               Registrar's
               order with
               Signatures
                               FA No.21 of 2026
                               Hon'ble Siddhartha Sah, J.

Heard Mr. Narendra Bali, learned counsel for the appellants and Mr. Rajesh Joshi, learned counsel for the respondent.

2. Today, the matter is listed on Stay Vacation Application with counter affidavit (IA No.2 of 2026).

3. Learned counsel for the respondent has made the submissions that the interim order has been obtained by the appellants by concealing certain facts and on that premise prays for vacation of the interim order dated 19.02.2026 passed by this Court.

He further urges the Court that an order be passed for restraining the parties from creating any third party interest over the property in question.

4. Since the entire case has to be re-visited on facts and law, hence, it is in the interest of justice that during pendency of this appeal no third party interest be created over the property in question.

5. In such view of the matter, the interim order dated 19.02.2026 is modified only to the extent that the parties are restrained from creating any third party interest over the property in question during the pendency of this first appeal. Since the first appeal has to be adjudicated finally, hence, summon the T.C.R.

6. Once the TCR is received, the Registry shall prepare paper book and supply the copies thereof to the respective counsel for the parties on payment of usual charges.

7. List this matter on 10.07.2026 for hearing.

(Siddhartha Sah, J.) 16.04.2026 Akash