2025:UHC:2029-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 21ST MARCH, 2025 WRIT PETITION (CRL) No. 184 OF 2025 Smt. Sanjana Verma. …Petitioner Versus State of Uttarakhand & others. …Respondents Counsel for the petitioner. : Ms. Shruti Joshi, learned counsel. Counsel for the respondents. : Sri J.S. Virk, learned Deputy Advocate General with Sri Rakesh Joshi, learned Brief Holder for the State of Uttarakhand. JUDGMENT : (per Sri G. Narendar, C.J.) Notice to fourth respondent is dispensed with, in view of the order proposed to be passed. 2. We have heard the learned counsel for the petitioner, and the learned DAG for the State of Uttarakhand. 3. Paragraph nos. 6 & 7 of the Writ Petition read as under : “6. That the property in question is an ancestral property and the interest of the son of petitioner is also vested in the said property ion question and respondent no. 5 and 6 had no right to sell the property in question, for the cancelation of sale deed and to get the declaration that the alleged sale deed declared our is void as the right has not been exercised, Therefore, as a guardian of her minor son She has filed a civil suit no. 253/2024, Master Shivay vs. Manoj Sharma and others, in the court of Civil Judge, Senior Division, Hardwar, which is still pending. For kind perusal of this Hon'ble Court true, correct and visible copy of the plaint is being filed herewith the petition and marked as Annexure No.1. 7. That when the petitioner inquired about the whereabouts of her dowry items and other valuable goods, such as jewelry and her other belongings, she mentioned that the following items were left behind: one TV, eight sofa sets, one inverter, one washing machine, one fridge, one mini trunk, four plastic chairs, four ceiling fans, four trolley bags, one large trunk, one AC, one mixer-grinder, one toaster, clothes worth approximately Rs.50,000, and two induction cooktops and a four-burner gas stove. Additionally, her gold jewelry, including one 10-gram chain, one 50-gram haar, four sets of bangles weighing 40 grams, one 5-gram ring, one 3-gram ring, one 4.5-gram ring, three coins, one 3.5-gram haar, and multiple sets of earrings weighing 6 grams, 5.5 grams, and 4 grams, respectively, were also left behind.” 2025:UHC:2029-DB 2 4. On a reading of paragraph no. 6, it is apparent that the petitioner has already initiated proceedings before the competent Civil Court, praying for cancellation of the sale. It is the contention of the petitioner that she had left her matrimonial home about three years ago, on account of her husband being drunkard, and ill-treating her. On the ground of cruelty, she has separated from her husband, and is now living with her parents; that subsequently, without notice to her and without any right, her husband and mother-in-law have sold the house property, which is the ancestral property, and in that view, she would submit that the fourth respondent, who is the subsequent purchaser may be directed to return the goods. 5. A reading of paragraph no. 7 would reveal that this Court would have to enter upon and adjudicate facts, which, in our view, is impermissible. It is for the petitioner to establish a case that she indeed possessed all the material, as detailed in paragraph no. 7, and in that direction, the petitioner would be required to tender the goods. 6. Hence, we dispose of the Writ Petition, by reserving liberty to the petitioner to seek appropriate relief in the pending Suit itself. As a sequel thereto, the miscellaneous petitions, if any pending, shall stand closed. _______________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 21st March, 2025 Rahul Digitally signed by RAHUL PRAJAPATI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c848741983ed8c 39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1AAD7B 39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.03.25 14:38:32 +05'30'