WPMS/3399/2019
2021 Latest Caselaw 3192 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. 3399 of 2019


 BETWEEN:

 Sunil Kumar.                                ....Petitioner
       (By Mr. D.C.S. Rawat, Advocate)



 AND:

 Smt. Sruti Sood & others.               ....Respondents
       (By Mr. Neeraj Garg, Advocate)



                        JUDGMENT

This is plaintiff's petition under Article 227 of the Constitution against the trial Court's order dated 27.09.2019 and appellate Court's order dated 02.11.2019. By the orders impugned in the writ petition, learned Courts below have refused to grant temporary injunction to the petitioner.

2. This Court is not inclined to interfere with the orders impugned in the writ petition, however, having regard to the facts and circumstances of the case, learned trial Court is requested to hear and decide the Original Suit No. 54 of 2019, as early as possible, preferably within

nine months from the date of production of certified copy of this order.

3. Till decision in the suit, respondent nos. 1 & 2 shall not raise any construction over the land in question.

(MANOJ KUMAR TIWARI, J.) Navin