2025:UHC:11060 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS AO/ 1 2 4 / 2 0 2 5 Hon ’ble Alok Mah r a, J. Mr. Gaurav Kandpal, learned counsel for the appellants. 2. Mr. Mukesh Rawat, learned counsel for the Caveator/respondent. 3. This appeal has been preferred by the appellants against the impugned order dated 25.02.2025 passed by the learned Civil Judge (Senior Division), Haridwar in Original Suit No. 23 of 2025, whereby the trial court allowed the temporary injunction application and restrained the appellants/ defendants from interfering with the peaceful possession of the respondent/plaintiff over the suit property, as well as from forcibly dispossessing the respondent therefrom. 4. Heard learned counsel for the parties and perused the record. 5. It is alleged that the father of the appellants, late Ramesh Chand Jaiswal, had purchased the suit property by a registered sale deed dated 10.06.1975 and constructed a house thereon, of which he remained the exclusive owner- in-possession during his lifetime. It is further alleged that late Ramesh Chand Jaiswal had filed Suit No. 5 of 2019 before the Sub-Divisional Magistrate/ Prescribed Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007; that, the 2025:UHC:11060 said case was decreed on 03.11.2022; and that pursuant to the said order, appellant no.1 was evicted from the house on 28.01.2023, thereby restoring exclusive possession to late Ramesh Chand Jaiswal. 6. It is further alleged that late Ramesh Chand Jaiswal executed a registered gift deed on 11.05.2023 in favour of the respondent, whereby the respondent became the exclusive owner-in-possession of the suit property. It is also submitted that the appellants challenged the order dated 03.11.2022 before the District Magistrate, Haridwar, who vide order dated 25.11.2024 set aside the order on the ground that Ramesh Chand Jaiswal had died on 19.05.2024, and the property was thereafter restored to the appellants by the Nayab Tehsildar, Jwalapur. The said order, however, was challenged by the respondent in WPMS No. 1725 of 2025, and the Coordinate Bench of this Court vide judgment dated 03.07.2025 allowed the writ petition, set aside the order dated 25.11.2024, and observed that the appellants (respondents therein) would not be precluded from approaching the appropriate forum, if available in law. 7. Learned counsel for the respondents would submits that appellant no.1, Pankaj Jaiswal, has also filed WPMS No. 2047 of 2025 challenging the order dated 03.11.2022 passed by the SDM, Haridwar in Case No. 05 of 2019, Ramesh Chand Jaiswal vs. Pankaj Jaiswal, which is pending consideration. He would further submit that the respondents have filed a suit 2025:UHC:11060 for cancellation of the aforesaid gift deed. 8. In view of the fact that multiple proceedings concerning the same subject matter have been initiated by the appellants, and the question of title and validity of the gift deed is already sub judice before competent forums, this Court finds no error or infirmity in the discretion exercised by the learned trial court in granting interim protection to the respondent. The trial court has rightly restrained the appellants from disturbing the respondent’s possession until the substantive rights of the parties are finally adjudicated. 9. For the reasons aforesaid, this Court finds no merit in the appeal. The appeal is accordingly dismissed. [ ( Alok Mahr a, J.) 11.12.2025 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f24 4f3e584af1449e430ef900bf09a 6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9c abfd54852c9e68911ca8b66dd2 6690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2025.12.12 14:49:19 +05'30' 2025:UHC:11060