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HIGH COURT OF UTTARAKHAND
SHAJAAD ALI – Appellant
Versus
DILSHAAD – Respondent
| Table of Content |
|---|
| 1. record summoning and case background. (Para 1 , 2) |
| 2. claim of ownership by heirs via compromise. (Para 3 , 4) |
| 3. opposition to claim of absolute ownership. (Para 5 , 6) |
| 4. points for further legal consideration. (Para 7) |
| 5. next hearing date set. (Para 8) |
JUDGMENT :
Rakesh Thapliyal, J.
1. On 29.10.2025, record of Civil Revision No. 38 of 2024 was summoned and the matter was heard at length and record of O.S. No. 341 of 1989, O.S. No. 211 of 1990 and O.S. No. 123 of 2012 were summoned.
2. Mr. Siddhartha Singh, learned counsel for the respondent placed before this Court the certified copies of certain documents of O.S. NO. 211 of 1990, the copy of which, in advance, was supplied to Mr. Arvind Vashistha, learned Senior Advocate as well as to Mr. Aditya Pratap Singh, learned counsel, who appears for the respondent in Civil Revision No. 38 of 2024. The first document is an application under Order 22 Rule 4 read with Section 9 and 151 of CPC moved by the plaintiffs of Suit on 16.01.2006, giving reference of three persons showing them to be legal heirs of Late Brijmohan Lal Gupta and Ramal Rani in which notices were issued to the so called legal heir of Late Brijmohan Lal Gu
Substituted legal heirs in a civil suit do not automatically acquire ownership; valid legal authority must be proven for property claims.
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The central legal point established is that the compromise decree recognized Rangammal's entitlement to the property, making her the absolute owner, and on her death, her legal representatives would ....
The main legal point established in the judgment is the entitlement of Class-II legal heirs to be impleaded as the legal heirs of the deceased defendant, and the dismissal of applications by other cl....
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