Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

A.O. No.350 of 2025

Hon’ble Alok Mahra, J.

Mr. Piyush Garg, Ms. Priyanka Agrawal

and Mr. Shreyas Shankar Joshi, Advocates for

the appellants.

Mr. Amish Tewari, Advocate, has put in

appearance on behalf of respondent nos.1 & 2.

Mr. Nagesh Aggarwal, Advocate for

respondent no.3.

2. This Appeal from Order has been preferred by the appellants assailing the order dated 25.08.2025 passed by the learned Civil Judge (Senior Division), Almora in Civil Suit No. 9 of 2025, whereby the learned Court below has rejected the appellants’ application under Order 39 Rule 1 and 2 C.P.C. on the ground that the appellants have not sought the relief of

recovery of possession in their plaint.

3. Learned counsel for the appellants contends that the appellants have instituted a suit for mandatory injunction seeking restoration of possession over the property in dispute. It is submitted that a family settlement was duly arrived at on 15.11.2002 amongst the co-sharers, in terms whereof, the land sold by respondent nos. 1 and 2 to respondent no. 3 fell in the exclusive share of the appellants.