Sirtaja @ Foolmata and Another vs Smt. Bhanmati… — Writ and Judicial Review | Allahabad HC (2025)

Sirtaja @ Foolmata and Another vs Smt. Bhanmati… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Admission-stage interim measures only: issuance of notice to respondent Nos. 1 & 2 returnable at an early date; steps for service of notice within seven working days; and a direction that both parties maintain status quo over the nature and possession of the property in question till the next date of listing. No substantive adjudication at this stage.

Issue for consideration

Is the Gift Deed dated 02.06.2023 executed by the petitioners' father liable to be cancelled on the grounds that the property in question is ancestral and the executant was suffering from a mental disorder and was physically unfit? +2 more

Ratio / Principle

Notice ordered to be issued to respondent Nos. 1 and 2, returnable at an early date.

Key takeaways

Steps for service of notice to be taken within seven working days; Office to proceed accordingly.ratio¶¶19
Both parties directed to maintain status quo as to the nature and possession of the property in question until the next date of listing.ratio¶¶21

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Syed Qamar Hasan Rizvi, J., 31.10.2025 — Article 227 petition (No. 6275 of 2025) by Sirtaja @ Foolmata and another assailing (i) the order dated 05.03.2024 of the Civil Judge (Junior Division), Haveli, Ayodhya declining interim relief in Suit No. 881 of 2023, a suit for cancellation of a Gift Deed dated 02.06.2023 over property claimed as ancestral, whose executant-father was alleged to be suffering from mental disorder and physical unfitness, and (ii) the order dated 11.09.2025 of the Additional District and Sessions Judge, Room No. 3, Faizabad dismissing Misc. Civil Appeal No. 23 of 2024. Counsel contended the courts below ignored the document evidencing the father's incapacity to execute the Gift Deed. Finding the matter to require consideration, the Court issued notice to respondent Nos. 1 & 2 returnable at an early date (service steps within seven working days; case listed in the week commencing 01.12.2025) and directed the parties to maintain status quo as to the nature and possession of the property till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 6275 of 2025

Sirtaja @ Foolmata And Another

.....Petitioner(s)

Versus

Smt. Bhanmati And Another	.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: Amit Kumar Singh, Prashansa Singh :

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Ms. Prashansa Singh, learned counsel for the petitioners.

By means of the present petition under Article 227 of the Constitution of India, the petitioners have assailed the order dated 05.03.2024 passed by the Court of learned Civil Judge (Junior Division), Haveli, Ayodhya, in Suit No. 881 of 2023 (Smt. Sirtaja @ Foolmata and Others Vs. Matafer and Others) as well as the order dated 11.09.2025 passed by the Court of learned Additional District and Sessions Judge, Room No. 3, Faizabad, in Misc. Civil Appeal No. 23 of 2024 (Smt. Sirtaja @ Foolmata and Others Versus Bhanmati and Others).

The submission of learned counsel for the petitioners is that the petitioners preferred a suit for cancellation of Gift Deed dated 02.06.2023 on the ground that the property in question is an ancestral property and the father of the petitioners, who executed the said Gift Deed, was suffering from a mental disorder and was not physically fit, as such, the said Gift Deed is liable to be cancelled not being executed in accordance with law.

Learned counsel for the petitioners further submitted that the prayer for interim relief was declined by the Court of learned Civil Judge (Junior Division), Haveli, Ayodhya vide impugned order dated 05.03.2024 passed in Suit No. 881 of 2023. Aggrieved against the order dated 05.03.2024, the petitioners preferred a Miscellaneous Civil Appeal No. 23 of 2024 (Smt. Sirtaja @ Foolmata and Other Vs. Bhanmati and Others) before the

A227 No. 6275 of 2025

2

learned Additional District and Sessions Judge, Room No. 3, Faizabad, which also came to be dismissed on 11.09.2025.

The contention of the learned counsel for the petitioners is that the document, filed by the petitioners in support of their contention to establish that their father was not in a position to execute the said Gift Deed, has not been taken into consideration by the courts below. It has also been submitted on behalf of the petitioners that the property is an ancestral property and the opposite parties cannot take away the rights of the petitioners on the basis of the alleged Gift Deed, which is not sustainable in law.

Matter requires consideration.

Issue notice to the respondent No. 1 & 2, returnable at an early date.

Steps for service of notice be taken within seven working days. Office to proceed accordingly.

List this case in the week commencing 01.12.2025.

It is provided that status quo with regard to the nature and possession in respect of the property in question, shall be maintained by the parties, till the next date of listing.

October 31, 2025 (Manoj K.)

(Syed Qamar Hasan Rizvi,J.)

Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench