WPMS/1645/2021
2021 Latest Caselaw 3344 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. 1645 of 2021


BETWEEN:

Angoori Devi English
Bal Vidhyalaya Samiti                              ...Petitioner
       (By Mr. Vikas Kumar Guglani, Advocate)

AND:

Mahesh Chandra Sharma
and another                                     ...Respondent

       (There is no representation for the respondent)

                        JUDGMENT

Petitioner has filed a suit for cancellation of a sale-deed and also for permanent injunction. Since his temporary injunction application filed alongwith the said suit has not been disposed of, therefore, the petitioner has approached this Court seeking a direction to the Court concerned to expedite disposal of the said application.

2. Learned counsel for the petitioner submits that there is a reasonable apprehension that the defendant may create a third party interest over the said property, which will give rise to further complications and multiplicity of litigation.

3. Shri Vikas Kumar Guglani, learned counsel appearing for the petitioner has apprised the Court that all the defendants in the suit have been served. Thus, according to him, now there is no legal

impediment in disposal of the temporary injunction application.

4. 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 petitioner's temporary injunction application, on the next date fixed or on any other day within four weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Shubham