Unknown vs Bhimsen And Others' As Well As Against ...
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Uttarakhand High Court

Unknown vs Bhimsen And Others' As Well As Against ... on 2 January, 2026

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      SA No. 154 of 2025
                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. Kailash Chandra, learned counsel for the appellant.

2. The instant second appeal has been preferred by the appellant-Smt. Kamlesh Pahwa, the wife of Late Bhimsen Pahwa, who is arrayed as respondent no. 1, against the judgment and decree dated 30.04.2016/10.05.2016 passed by learned 1 Additional st

Civil Judge (S.D.) in Suit No. 136 of 2011 'Smt. Kamlesh vs. Bhimsen and Others' as well as against the judgment and decree dated 25.09.2025/04.10.2025 passed by the learned 1st Additional District Judge, Haridwar, in Civil Appeal No. 29 of 2016.

3. Earlier the suit bearing O.S. No. 68 of 2011 was filed by the father-in-law of the appellant and the respondent nos. 2 to 4 herein for seeking permanent and mandatory injunction against the appellant and her husband Bhimsen Pahwa, which was decreed against which the appellant herein preferred an appeal which was also dismissed against which Second Appeal No. 118 of 2025 was preferred by the appellant before this court which was admitted on 14.10.2025 with the following question of law:

i. Whether the Trial Court was right in decreeing the suit without framing the issue in respect of the averment as made in paragraph 19 of W.S.? ii. Whether the appellant/defendant is the owner of the suit property?

While admitting the second appeal no. 118 of 2025 the eviction of the appellant is also stayed.

4. The present second appeal is arising out of the Suit No. 136 of 2011 filed by the appellant for permanent injunction against the respondents herein, however the same was dismissed against which civil appeal was preferred, which was also dismissed and now being aggrieved instant second appeal is now preferred.

5. Since, the earlier second appeal is also admitted on two substantial questions of law and the second question of law is infact is the core issue for deciding the dispute particularly when the dispute as raised in the present appeal as well as in Second Appeal No. 118 of 2025 is in respect of the same property. Hence, the instant second appeal is also admitted on the following substantial questions of law:

i. Whether the suit property is an ancestral property and the appellant and her late husband being the successor have any right over the property in question?

ii. Whether the appellant is the absolute owner of the suit property?

6. Summon the Trial Court record as well as the record of the First Appellate Court.

7. Issue notices to respondent nos. 2 to 4.

8. Steps within a week.

9. List this appeal along with Second Appeal No. 118 of 2025 in the week commencing 16.03.2026.

10. Till the next date of listing the appellant shall not be evicted from the suit property.

(Rakesh Thapliyal, J.) 02.01.2026 PR