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2025 DAILYLAW 1525 (UTT)

SAMINA AASIM v. INDRESH KUMAR SEHGAL

WPMS/207/2025 · 2025-01-30

Rakesh Thapliyal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:644 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 207 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Sagar Kothari, learned counsel for the petitioner. 2. Learned counsel for the petitioner submits that the petitioner purchased a piece of land from one Shri Rahul Sharma on 15.01.2019 by way of registered sale deed. Shri Rahul Sharma purchased the said land from one Shri Devi Prasad on 04.08.2017 by way of registered sale deed. Subsequently, Shri Devi Prasad died in the year 2018 and in the meantime, certain persons, who are respondents no. 1 to 3, herein, made an attempt to grab the land of the petitioner. Consequently, petitioner filed a suit bearing Original Suit No. 10 of 2025 in the court of Civil Judge, Junior Division, Vikas Nagar, Dehradun, for permanent injunction and in the said suit, application for temporary injunction was also filed, however, on the said application only notices have been issued to the defendant. 3. It is submitted by the learned counsel for the petitioner that respondent nos. 1 to 3 also purchased certain portion of land falling in same Khasra number from one Shri Shailendra Maithani by way of registered sale deed dated 21.11.2023. Shri Shailendra Maithani sold this land, since he got the land pursuant to WILL dated 24.05.2002 of Shri Devi Prasad. It is submitted that land purchased by respondents no. 1 to 3 is of much larger area and under the garb of that respondents no. 1 to 3 are making an attempt to grab the land purchased by the petitioner. 4. Learned counsel for the petitioner submits that sale deed of respondents no. 1 to 3 is subsequent to the sale deed of the petitioner, who purchased the land from Shri Rahul Sharma and Shri Rahul Sharma, purchased the same from Shri Devi Prasad on 04.08.2017. He further submits that Shri Devi Prasad died in the year 2018, therefore, WILL executed by Shri Devi Prasad in the year 2025:UHC:644 2002, will come into effect from 2018 and sale deed executed by Shri Shailendra Maithani will not affect the portion of the land of the petitioner purchased from Shri Rahul Sharma. 5. He further submits that there is an apprehension that during the pendency of the suit, respondents no. 1 to 3 may grab the land of the petitioner. 6. Since the temporary injunction application is pending before the Civil Judge, Junior Division, Vikas Nagar, Dehradun, therefore, till the disposal of the temporary injunction application, both the parties are directed to maintain status quo in respect of the land, in question. It is also made clear that Civil Judge, Junior Division, Vikas Nagar, Dehradun, shall decided the application for temporary injunction within a period of one month from the date of production of certified copy of this order. 7. With the above direction, the writ petition is disposed of finally. (Rakesh Thapliyal, J.) Vacation Judge. 30.01.2025 SKS 2025:UHC:644