[Cites 1, Cited by 0]
Uttarakhand High Court
Sharma And Others vs Rajendra Pal Sharma on 9 March, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
SA No.10 of 2021
Hon'ble Siddhartha Sah, J.
Mr. S.K. Mandal, Advocate for the
appellants.
2. By means of the present second appeal,
the appellants have challenged the judgment
and order dated 20.04.2019 and decree dated
24.04.2019 passed by the Civil Judge (S.D.),
Khatima, District Udham Singh Nagar in
Original Suit No.31 of 2016, Mahendra Pal
Sharma and others vs. Rajendra Pal Sharma
and another whereby the said suit of the
plaintiffs/appellants was dismissed, as well as
assailed the judgment dated 06.11.2020 and
decree dated 11.11.2020 passed by the
Additional District Judge, Khatima District
Udham Singh Nagar in Civil Appeal No.23 of
2019, Mahendra Pal Sharma and others vs.
Rajendra Pal Sharma and another, by means
of which, the said appeal has been dismissed.
3. Learned counsel for the appellants has
made a submission that the suit was filed for
permanent injunction and cancellation of the
Will dated 08.10.1987. The principal
contention of the counsel for the appellants is
that there was a previous Will dated
08.04.1981 and subsequently, a succession
certificate was obtained by all five brothers in
the year 28.09.1996 and in pursuance to the
succession certificate, all the brothers were
cultivating the land. At the time of obtaining
the succession certificate, the Will of 1987 was
concealed by defendant no.1 Rajendra Pal
Sharma. The trial court dismissed the suit
with a finding that the Will dated 08.10.1987 is
a registered Will and has been duly proved and
the plaintiffs failed to establish that the Will
dated 08.10.1987 was executed in suspicious
circumstances. The trial court also concluded
that the suit has been filed beyond the
limitation and thus proceeded to dismiss the
suit.
4. Aggrieved against the trial court's
judgment, the appellants preferred an appeal
which came to be registered as Civil Appeal
No.23 of 2019 Mahendra Pal Sharma and
others vs. Rajendra Pal Sharma and another
and the same has been dismissed by the
Additional District Judge, Khatima, District
Udham Singh Nagar vide judgment and order
dated 06.11.2020.
5. Perusal of the said judgment dated
06.11.2020 reveals that two points for
determination were framed by the first
appellate court:-
"(i) Whether Will in question having been
executed in suspicious circumstances is illegal
or not?
(ii) Whether the suit of the
plaintiffs/appellants was barred by the
provisions of Limitation Act, 1963?"
6. On a consideration of the entire facts and
circumstances of the case and after going
through the record and hearing the counsel for
the appellants, the present second appeal is
admitted on following substantial questions of
law:-
"(i) Whether the Will dated 08.10.1987
having been executed in suspicious
circumstances is illegal and ineffective?
(ii) Whether the suit of the
plaintiffs/appellants is barred by the provisions
of Limitation Act, 1963?"
7. Since, the second appeal has been
admitted on the aforesaid question of law,
there will be a limited interim order to the
effect that till the next date of listing, the
respondent no.1 is restrained from creating
any third party interest on the property in
question.
8. Issue notices to the respondents. Steps
to be taken within a week.
9. List this case on 21.05.2026.
[
(Siddhartha Sah, J.)
09.03.2026
Ravi
