Mr. S.K. Mandal vs Smt
2026 Latest Caselaw 19 UK

Uttarakhand High Court

Mr. S.K. Mandal vs Smt on 2 January, 2026

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. 86 of 2025
                             Hon'ble Rakesh Thapliyal, J.

1. Mr. S.K. Mandal, Mrs. Geeta Arya and Mr. Arun Pratap Shah, learned counsels for the appellants.

2. The instant second appeal has been preferred by the appellant/defendant against the judgment and decree passed by the learned District Judge, Uttarkashi dated 06.05.2025 in Civil Appeal No. 1 of 2024 titled as Digvijay Singh vs. Smt. Bishni Devi & Anr.

3. A suit for permanent injunction and recovery of possession and eviction was filed by the respondent/plaintiff which was dismissed by the Trial Court on 23.12.2023 which was assailed by the

of 2024 and the same was allowed by the First Appellate Court by reversing the judgment and decree passed by the Trial Court.

4. It is argued by the learned counsel for the appellant that in fact respondent/ plaintiff was not in actual and physical possession over the suit property and the Trial Court rightly dismissed the suit, however, the First Appellate Court on wrong premise allowed the appeal.

5. Mr. P.S. Rawat, learned counsel accepts notice for sole respondent/ plaintiff.

6. The appeal is well within time.

7. Admit the appeal on substantial question of law no. 7 and 8 as framed by the appellant, which reads as under:-

1. Whether respondent/plaintiff without seeking specific relief of recovery of possession from appellants/ defendants can recover possession of suit schedule property by seeking the relief of permanent prohibitory injunction and mandatory injunction?

2. Whether the relief of recovery of possession which being the main relief with regard to Bhumidhari land can be granted by the civil court overriding the express statutory bar of jurisdiction created by section 331 of UPZALR Act from taking cognizance of any suit for recovery of possession as mentioned at serial no. 24 of the column 3 of schedule II of UPZALR Act?

8. The Trial Court record has been received. Registry is directed to prepare the paper book and supply the same to the counsel for the parties on payment of usual charges.

9. List this case in the week commencing 23rd March 2026.

10. Till the next date of listing the execution proceeding shall remain stayed.

(Rakesh Thapliyal, J.) 02.01.2026 Parul