Citation : 2026 Latest Caselaw 1802 UK
Judgement Date : 11 March, 2026
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11.03.2026 WPMS No.551 of 2026
Hon'ble Alok Kumar Verma, J.
In Original Suit No.171 of 2023, the plaintiff and the defendant no.2 (petitioner) had filed applications for temporary injunction. Learned trial court passed the order directing both the parties to maintain status quo and restrained them to create any third party interest over the suit property. A Miscellaneous Civil Appeal (No.3 of 2024) was filed by the petitioner. The said Appeal has been dismissed by learned Ist Additional District Judge, Roorkee, District Haridwar vide impugned order dated 03.12.2025.
2. The respondent no.1 - plaintiff executed a sale-deed of the suit property on 01.08.2022 in favour of the respondent no.2- defendant no.1. The respondent no.2 - defendant no.1 executed a registered sale-deed dated 26.07.2023 in favour of the petitioner - defendant no.2. According to the petitioner, the petitioner is owner in possession of the suit property.
3. Heard Mr. Nikhil Singhal, learned counsel for the petitioner.
4. Learned trial court observed that the plaintiff's case is that he was not in a sound state of mind at the time of the execution of the sale-deed dated 01.08.2022. Therefore, the said sale- deed dated 01.08.2022 is void and ineffective. The trial court further noted that the plaintiff has filed medical documents in support of his case.
5. In view of the facts and circumstances of the case, it would be appropriate to grant an opportunity of hearing to the respondents also even before passing any order on Admission.
6. Notice is being issued to the respondents. Steps to be taken within a week, as prayed.
7. List on 07.05.2026.
(Alok Kumar Verma, J.) 11.03.2026
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