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2025 Supreme(Online)(UK) 972288

HIGH COURT OF UTTARAKHAND
UMED SINGH RAWAT – Appellant
Versus
RAJPAL SINGH RAWAT – Respondent


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.368 of 2025

Hon’ble Alok Mahra, J.

Mr. Vikas Bahuguna, Advocate for the

appellant.

Mr. Neeraj Garg, Advocate for respondent

no.3.

2. This Appeal from Order has been preferred by the appellant assailing the order dated 08.09.2025 passed by the learned IIIrd Additional Civil Judge (Senior Division), Dehradun, in Original Suit No. 49 of 2023, whereby the learned Court below has allowed Application No. 98C2 filed by respondent no.3/defendant no. 3 under Section 151 read with Order 39 Rule 1 and 2 of C.P.C. and restrained the plaintiff/appellant from interfering in the peaceful possession of respondent no. 3 over the property in

question.

3. The facts giving rise to the present appeal, briefly stated, are that the appellant instituted Original Suit No. 49 of 2023, seeking cancellation of Gift Deed dated 08.11.2021 executed by him in favour of respondent no. 1, who happens to be his real son. It is the case of the appellant that the said Gift Deed was executed out of love and affection; however, the same was obtained through

misrepresentation and undue influence

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