Pet it ioner v. St at e of Ut t arakhand ot hers

: Ms. Shrut i Joshi, learned counsel. Counsel for t he respondent s. : Sri J.S. Virk, learned Deput y Advocat e General wit h Sri Rakesh Joshi, learned Brief Holder for t he St at e of Ut t arakhand. JUD GM EN T : ( p e r Sr i G. N a r e n d a r , C.J.) Not ice t o fourt h respondent is dispensed wit h, in view of t he order proposed t o be passed.

2. We have heard t he learned counsel for t he pet it ioner, and t he learned DAG for t he St at e of Ut t arakhand.

3. Paragraph nos. 6 & 7 of t he Writ Pet it ion read as under : “ 6. That t he propert y in quest ion is an ancest ral propert y and t he int erest of t he son of pet it ioner is also vest ed in t he said propert y ion quest ion and respondent no. 5 and 6 had no right t o sell t he propert y in quest ion, for t he cancelat ion of sale deed and t o get t he declarat ion t hat t he alleged sale deed declared our is void as t he right has not been exercised, Therefore, as a guardian of her m inor son She has filed a civil suit no. 253/ 2024, Mast er Shivay vs. Manoj Sharm a and ot hers, in t he court of Civil Judge, Senior Division, Hardwar, which is st ill pending. For kind perusal of t his Hon'ble Court t rue, correct and visible copy of t he plaint is being filed herewit h t he pet it ion and m arked as Annexure No.1.

7. That when t he pet it ioner inquired about t he whereabout s of her dowry it em s and ot her valuable goods, such as j ewelry and her ot her belongings, she m ent ioned t hat t he following it em s were left behind: one TV, eight sofa set s, one invert er, one washing m achine, one fridge, one m ini t runk, four plast ic chairs, four ceiling fans, four t rolley bags, one large t runk, one AC, one m ixer- grinder, one t oast er, clot hes wort h approxim at ely Rs.50,000, and t wo induct ion cookt ops and a four- burner gas st ove. Addit ionally, her gold j ewelry, including one 10- gram chain, one 50- gram haar, four set s of bangles w eighing 40 gram s, one 5- gram ring, one 3- gram ring, one 4.5- gram ring, t hree coins, one 3.5- gram haar, and m ult iple set s of earrings weighing 6 gram s, 5.5 gram s, and 4 gram s, respect ively, were also left behind.” 1

4. On a reading of paragraph no. 6, it is apparent t hat t he pet it ioner has already init iat ed proceedings before t he com pet ent Civil Court , praying for cancellat ion of t he sale. I t t he cont ent ion of t he pet it ioner t hat she had left her m at rim onial hom e about t hree years ago, on account of her husband being drunkard, and ill- t reat ing her. On t he ground of cruelt y, she has separat ed from her husband, and is now living wit h her parent s; t hat subsequent ly, wit hout not ice t o her and wit hout any right , her husband and m ot her- in- law have sold t he house propert y, which is t he ancest ral propert y, and in t hat view, she would subm it t hat t he fourt h respondent , who is t he subsequent purchaser m ay be direct ed t o ret urn t he goods.

5. A reading of paragraph no. 7 would reveal t hat t his Court would have t o ent er upon and adj udicat e fact s, w hich, in our view, is im perm issible. I t is for t he pet it ioner t o est ablish a case t hat she indeed possessed all t he m at erial, as det ailed paragraph no. 7, and in t hat direct ion, t he pet it ioner would be required t o t ender t he goods.

6. Hence, we dispose of t he Writ Pet it ion, by reserving libert y t o t he pet it ioner t o seek appropriat e relief in t he pending Suit it self. As a sequel t heret o, t he m iscellaneous pet it ions, if any pending, shall st and closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN D A R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK M A H RA , J. Dt : 21 st March, 2025 Rahul DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61bf4c848741983ed8c 39e4145cf1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45BF8A192FCAD15C390A1AAD7B 39857D2540AE4C28A4898, cn=RAHUL PRAJAPATI 2