WPMS/1649/2021
2021 Latest Caselaw 3198 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. 1649 of 2021


BETWEEN:

Sarla Devi and another                          ...Petitioners
     (By Mr. T.A. Khan, Senior Advocate assisted by Mr. Ravi
     Shankar Kandpal, Advocate)

AND:

Madan Singh Rawat and another                 ...Respondents

     (By Mr. Pankaj Kumar         Sharma,   Advocate    for    the
     respondent no.1.)

                     JUDGMENT

Petitioners are defendant in Original Suit No. 182 of 2021. They are aggrieved by the order dated 11.08.2021, passed by the learned trial Court, whereby learned trial Court adjourned the date for disposal of temporary injunction application of the plaintiff to 25.08.2021.

2. Petitioners' counsel submits that petitioners, who are defendant in the suit, have filed objection to the temporary injunction application. He has further informed the Court that the next date fixed before the learned trial Court is 25.08.2021.

3. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a request to learned trial Court to consider and decide the temporary injunction application of the plaintiff/respondent no.1 alongwith

objection filed by the petitioners and also temporary injunction application filed by the petitioners on the next date fixed i.e., 25.08.2021 or any other day within four weeks thereafter.

4. Mr. Pankaj Kumar Sharma, learned counsel appearing for the respondent no.1, on instructions, makes a statement that his client shall not raise any construction till 25.09.2021.

5. Let a certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Shubham