Uttarakhand HC Sets Aside Interim Order in Property Dispute Between Smt. Rita Sen and Sri Tarun Kumar (2026) held that The court emphasized that both parties have claims to the same property based on their respective sale-deeds, necessitating a careful examination of ownership rights.
The case involves an appeal by Smt. Rita Sen against an interim order that restrained her from interfering with the possession of a property claimed by Sri Tarun Kumar. The legal issue centers around the validity of multiple sale-deeds concerning the same property, with the respondent arguing that the property had already been sold to his predecessor before it was sold to the appellant. The court found that the lower court had not adequately considered the rights established through the sale-deeds and set aside the interim order, allowing the appellant to file objections and maintaining the status quo on the property until the injunction application is resolved.
The court emphasized that both parties have claims to the same property based on their respective sale-deeds, necessitating a careful examination of ownership rights.
The interim order was set aside because the lower court failed to consider the implications of prior mutations and the validity of the sale-deeds.
The court mandated that the parties maintain status quo on the property, prohibiting any construction until the injunction application is resolved.
Respondent no.1 purchased the suit property
Suit filed by respondent no.1 and interim order passed
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