Chandra Farasi And Others vs Farasi And Another") Before The Court Of
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Uttarakhand High Court

Chandra Farasi And Others vs Farasi And Another") Before The Court Of on 9 February, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                Office Notes,
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       Date     or directions                   COURT'S OR JUDGE'S ORDERS
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      09.02.                     WPMS No.195 of 2026

      2026                       Hon'ble Alok Kumar Verma, J.

The respondents - plaintiffs filed an Original Suit (O.S. No.5 of 2021, "Mohan Chandra Farasi and Others vs. Bhupendra Farasi and Another") before the court of learned Civil Judge (Senior Division), Pauri Garhwal to direct the defendants (present petitioners) to remove the construction raised by them in the property in-question and to hand over the same to them (plaintiffs) by a decree of mandatory injunction. The petitioners - defendants filed their written statements. The trial court framed an issue to the effect that whether or not the civil court has jurisdiction to entertain the suit? The said issue was decided by the trial court against the petitioners. A Civil Revision (Civil Revision No.29 of 2023) was filed by the petitioners. The said revision has been dismissed vide judgment dated 20.11.2025, passed by learned District Judge, Pauri Garhwal. Hence, the present writ petition.

2. Heard Mr. Piyush Garg, learned counsel for the petitioners.

3. Mr. Piyush Garg, Advocate, has contended that the case of the petitioners are that the respondents - plaintiffs are not the owners of the property in-question. The petitioners - defendants raised construction over the property in-question in the year, 2015-2016 and they are in possession over the said entire portion of the disputed property since the time of their predecessors. The land in-question is an agricultural land. The nature of the relief is cognizable by a revenue court under the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (as applicable in the State of Uttarakhand).

4. Notice is being issued to the respondents. Steps to be taken within a week.

5. List on 02.04.2026. Till then, the further proceedings of the said Original Suit No.5 of 2021 are stayed.

(Alok Kumar Verma, J.) 09.02.2026 Pant/