FA/3/2026
2026 Latest Caselaw 254 UK

Uttarakhand High Court

FA/3/2026 on 9 January, 2026

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                         COURT'S OR JUDGES'S ORDERS
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             Registrar's order with
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                                      FA No. 3 of 2026
                                      Hon'ble Rakesh Thapliyal, J.

1. Dr. Kartikey Hari Gupta, learned counsel for the appellant.

2. The respondent no. 1/plaintiff filed a suit for cancellation of sale deed dated 25.03.2017 executed by respondent no. 2 on the ground that the mother of the plaintiff and the respondent no. 2 executed a Will stipulating a condition that if the respondent no. 2 herein sold it the property first he will sell it to the elder brother and if he does not buy on market rate then he can sold it out to another person.

3. The defendant/respondent no. 2 never turned up to contest the suit rather the appellant herein contest the suit by contending that he is the bonafide purchaser and he is not aware of the Will executed by the mother of the plaintiff. The Trial Court decreed the suit and now being aggrieved the instant regular first appeal has been preferred.

4. All these aspects requires deep scrutiny.

5. Since, it is regular First Appeal, the same is admitted.

6. Issue notice to the respondents.

7. Steps within a week.

8. Summon the Trial Court record.

9. List in the week commencing 23.03.2026.

10. Till the next date of listing the effect and operation of the judgment dated 19.12.2025 and decree dated 03.01.2026 passed by the Second Additional Senior Civil Judge, Haridwar, passed in O.S. No. 59 of 2017 titled as Vivek Kumar vs. Vishant Kumar and another shall remain stayed.

(Rakesh Thapliyal, J.) 09.01.2026 PR