2025:UHC:5853 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08th JULY, 2025 SECOND APPEAL NO. 37 OF 2018 Pradeep Maheshwari ..... Appellant Versus Kashinath Maheshwari (deceased) and Others ..…Respondents Counsel for the Appellant : Mr. Aditya Singh, Advocate. Counsel for the Respondent : Mr. Piyush Garg, Advocate No.2 with Mr. Nikhil Singhal, Advocate. Counsel for the Respondent : Mr. Tapan Singh, Advocate. Nos.3 to 5 WITH SECOND APPEAL NO. 38 OF 2018 Pradeep Maheshwari ..... Appellant Versus Kashinath Maheshwari (deceased) and Others ..…Respondents Counsel for the Appellant : Mr. Aditya Singh, Advocate. Counsel for the Respondent : Mr. Piyush Garg, Advocate No.2 with Mr. Nikhil Singhal, Advocate. Counsel for the Respondent : Mr. Tapan Singh, Advocate. Nos.3 to 5 Hon’ble Alok Kumar Verma,J. An Original Suit (Original Suit No.248 of 2011) was filed by the appellant herein for cancellation of a gift deed dated 18.08.2010 and for perpetual injunction. A counter claim was filed in the said Original Suit. The Original Suit was dismissed, whereas the counter claim was 1 2025:UHC:5853 decreed. The Trial Court directed the appellant-plaintiff to hand over the possession of the suit property to the respondent no.2- defendant no.2 within 30 days. The plaintiff was further directed to pay Rs.100 per day as occupational charge till the possession is handed over to the respondent no.2. Two Civil Appeals (Civil Appeal No. 56 of 2015 and Civil Appeal No. 68 of 2015) were filed under Section 96 of the Civil Procedure Code, 1908. Both the Civil Appeals, filed by the plaintiff, have been dismissed vide impugned judgment dated 30.03.2018, passed by learned Ist Additional District Judge, Haridwar. 2. The present Second Appeals have already been admitted. 3. The affidavits, filed by the appellant in both the Appeals, are taken on record. 4. Heard Mr. Aditya Singh, learned counsel for the appellant, Mr. Piyush Garg, learned counsel with Mr. Nikhil Singhal, learned counsel for the respondent no.2 and Mr. Tapan Singh, learned counsel for the respondent nos. 3 to 5. 5. The file of the Second Appeal No.37 of 2018 will be the leading file. 6. Mr. Rahul Maheshwari, the son of the appellant, is present in-person. He is identified by Mr. Aditya Singh, Advocate. 2 2025:UHC:5853 7. The respondent no.2, Vishal Maheshwari, is present in-person. He is identified by Mr. Nikhil Singhal, Advocate. 8. Both, Mr. Aditya Singh, Advocate and Mr. Piyush Garg, Advocate, submitted that the disputes between the parties have been settled amicably. 9. Mr. Aditya Singh, Advocate, submitted on instructions, that the appellant Pradeep Maheshwari undertakes to hand over the vacant peaceful possession to the respondent no.2 Vishal Maheshwari by 31.01.2027 and the appellant further undertakes to pay Rs.100 per day occupational charge, as directed by the trial court, till the possession is handed over to the respondent no.2 Vishal Maheshwari. He also undertakes to deposit entire outstanding amount, if any, within a month. 10. Mr. Vishal Maheshwari, the respondent no.2 agrees with the said proposal. 11. On the request of both the parties, the present Second Appeals (SA No. 37 of 2018 and SA No. 38 of 2018) are being decided on the undertakings of the appellant Pradeep Maheshwari. 12. The appellant Pradeep Maheshwari is directed to hand over the peaceful possession of the suit property to the respondent no.2 Vishal Maheshwari by 31.01.2027 and to pay Rs.100 per day as occupational charge, as directed by the trial court, continuously till the possession is handed 3 2025:UHC:5853 over. He is further directed to deposit entire outstanding amount, if any, within a month from today. In case of non compliance of any payment, the appellant shall be liable to be evicted even before 31.01.2027. 13. Accordingly, the impugned decree is modified. Registry is directed to draw a decree. 14. Registry is further directed to remit the deposited amount to the trial court. 15. The Original Record be sent back to the court concerned. 16. A copy of this judgment be placed on the file of Second Appeal No.38 of 2018. ___________________ ALOK KUMAR VERMA, J. Date:08.07.2025 Shiv/ 4