WPMS/2499/2020
2021 Latest Caselaw 3181 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
        ON THE 18TH DAY OF AUGUST, 2021
                            BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Writ Petition (M/S) No. 2499 of 2020


BETWEEN:

Rajbirinder Singh Chahal & others.                 ....Petitioner
        (By Mr. Vikas Kumar Guglani, Advocate)



AND:

Surjivan Kaur & others.                          ....Respondents
        (By Mr. Dharmendra Barthwal, Advocate)



                         JUDGMENT

Petitioners are defendants in an injunction suit, which is registered as Civil Suit No. 35 of 2020 in the Court of Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar. Respondent nos. 1 & 2 are plaintiffs in the said suit. On their application, learned trial Court granted ex-parte temporary injunction.

2. Petitioners moved an application under Order 39 Rule 4 C.P.C. for vacation of the ex- parte interim order, which was rejected. Petitioners challenged the said order of the trial Court by filing appeal under Order 43 Rule 1(r) C.P.C. Their appeal has also been dismissed.

Thus, feeling aggrieved, petitioners have approached this Court.

3. A Coordinate Bench of this Court, vide order dated 28.12.2020, had modified the order of injunction passed by trial Court against the petitioners and parties were directed to maintain status quo qua the nature and title of the suit property.

4. Mr. Vikas Kumar Guglani, learned counsel appearing for the petitioners submits that his clients are the contesting defendants in the said suit and they have already filed their written statement. He further submits that since objection to the temporary injunction application filed by the plaintiffs was filed long back by the petitioners, therefore, learned trial Court be directed to consider and decide temporary injunction application along with objection filed by the petitioners within some stipulated time frame.

5. Mr. Dharmendra Barthwal, learned counsel appearing for respondent nos. 1 & 2 has no objection if the writ petition is disposed of by directing learned trial Court to decide the temporary injunction application.

6. In such view of the matter, the writ petition is disposed of with a direction to learned Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar to consider and decide the temporary injunction application filed in Civil Suit No. 35 of 2020, along with objection filed by

defendant nos. 1 & 2 on the next date fixed i.e. 01.09.2021. If for any reason, it is not possible to dispose of the same on the next date fixed, then the temporary injunction application and objection shall be disposed of on any other date within four weeks thereafter.

7. Till disposal of the temporary injunction application and the objection, parties shall maintain status quo qua the land in dispute.

(MANOJ KUMAR TIWARI, J.) Navin