2026:UHC:3609 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 W PMS/ 9 9 8 / 2 0 2 6 Hon'ble Rakesh Thapliyal, J. 1. Mr. B.D. Pande, learned counsel with Mr. Saurav Adhikari, learned counsel for the petitioners. 2. Mr. Yogesh Chandra Tiwari, learned counsel for the contesting respondent. 3. Mr. Siddhant Manral, learned counsel for respondent no. 6. 4. Ms. Sangeeta Adhikari, learned counsel holding the brief of Mr. N.S. Pundir, learned counsel for respondent no. 7. 5. Mr. Harshit Sanwal, learned counsel for respondent no. 8. 6. In compliance of the previous order both the parties are present in Court. 7. Brief facts of the case are that the husband of the contesting respondent-Maya Mehrotra died 33 years back and thereafter father-in-law executed a will in favour of contesting respondent no. 1 on 03.09.2011 and thereafter father-in-law also died in the year 2012. Subsequent thereto, a petition was filed by contesting respondent no. 1 under Section 372 of Indian Succession Act 1985 wherein all the legal heirs and the person concerned were arrayed as respondent and they filed their counter claim on the basis of another will dated 27.05.2011, however, the learned Civil Judge (Sr.Div.) Haldwani dismissed the petition filed by contesting respondent no. 1 as well as counter claim of the petitioners herein on 20.11.2019. 8. Being aggrieved with the order passed by learned Civil Judge (Sr. Div.) Haldwani, a civil appeal no. 37 of 2019 was preferred by contesting respondent no. 1 which was allowed on 06.12.2025 by the 2nd Addl. District Judge, Nainital and being aggrieved with the same the petitioners preferred this petition. 9. Mr. Yogesh Chandra Tiwari, learned counsel for respondent no. 1 submits that the 2026:UHC:3609 petitioners against the order of learned Civil Judge (Sr. Div.) Haldwani dated 20.11.2019 whereby their counter claim has been rejected have not preferred an appeal under Section 384 of Indian Succession Act, therefore, they have no right to challenge the order passed by the learned 2nd Addl. District Judge, Nainital because finding of learned Civil Judge (Sr. Div.) while rejecting their counter claim attains finality. 10. I find force on the submission of Mr. Yogesh Chandra Tiwari, learned counsel for respondent no. 1. Therefore, the instant writ petition is dismissed being devoid of merit. However, it will not preclude the petitioner to avail appropriate civil remedy as per law. (Rakesh Thapliyal, J.) 12.05.2026 Parul 2026:UHC:3609