Uttarakhand High Court
Mithlesh And Others vs Jagdish And on 19 March, 2026
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
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Date COURT'S OR JUDGES'S ORDERS
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19.03.2026 WPMS No.646 of 2026
Hon'ble Alok Kumar Verma, J.
The petitioners-plaintiffs filed an Original Suit (O.S. No.104 of 2026, "Smt. Mithlesh and Others vs. Jagdish and Another") for specific performance. The petitioners filed an Application for Temporary Injunction requesting to restrain the parties to create any third party interest over the suit-property.
2. On 26.02.2026, the learned Civil Judge (Senior Division), Dehradun issued notice to the respondents-defendants without granting ad interim injunction. Hence, the present writ petition under Article 227 of the Constitution of India.
3. Mr. Sagar Kothari, learned counsel for the petitioners.
4. Mr. Sagar Kothari, Advocate submitted that Gajendra Singh alias Gajendra Kumar, the husband of the petitioner no.1 and the father of the petitioner nos.2 & 3 had entered into a registered agreement to sell on 26.12.2023 with respect to the property- in-question for a total sale consideration of Rs.42.00 lakh. The said agreement was registered on 27.12.2023. The husband of the petitioner no.1 passed away on 26.02.2024. The period mentioned in the said agreement was extended from time to time. The period for the execution of sale-deed was last extended on 27.09.2024. The petitioners were always ready and willing to have the sale deed executed and they are ready to deposit the entire sale consideration.
5. Admit.
6. Notice is being issued to the respondents. Steps to be taken within three days by all the permissible modes.
7. List on 17.04.2026. Till then, both the parties are restrained to create any third party interest over the suit-property.
8. Interim Relief Application (IA No.1 of 2026) stands disposed of accordingly.
(Alok Kumar Verma, J.)
JKJ/Pant 19.03.2026