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2025 Supreme(Online)(UK) 1275

HIGH COURT OF UTTARAKHAND
Subhash Upadhyay, J
Tirla Devi & Others – Appellant
Versus
Sukhbir & Another – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Siddhartha Singh
For the Respondents: Mr. Nikhil Singhal

Table of Content
1. ownership claimed based on a will with disputed recorded title. (Para 2 , 3 , 4)
2. civil suits for injunction require prior title verification. (Para 5 , 10)
3. title disputes must be resolved through appropriate revenue court. (Para 6 , 11)
4. arguments regarding possession and inheritance rights presented. (Para 7 , 8)

Hon’ble Shri Justice Subhash Upadhyay, J.

Present second appeal is preferred by the appellants/plaintiffs against the judgment and decree dated 25.02.2023 passed by Civil Judge (J.D.), Haridwar in O.S. No.357 of 2012 “Smt. Tirla Devi vs. Sukhbir and another” and the judgment and decree dated 28.05.2025 passed by Ist Additional District Judge, Haridwar in Civil Appeal No.24 of 2023, whereby the suit of the appellants/plaintiffs for a decree of perpetual injunction was dismissed and the appeal filed thereagainst was also dismissed.

2. The appellants/plaintiffs claim ownership over the suit property, Khasra No. 129, area 0.2650 hectares, situated at Village Khijarpur Kalanjara, Tehsil and District Haridwar on the basis of a registered Will executed in their favour by their mother Smt. Chandrabalia. They allege that the respondents/ defendants were attem

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