Ritu Kaushal vs Unknown
2021 Latest Caselaw 294 UK

WPMS No.193 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. Sarvesh Agarwal, Advocate for the petitioners.

The respondent no.1, is a plaintiff in a suit for grant of decree permanent injunction, being Suit No.02 of 2020, Smt. Ritu Kaushal vs. Smt. Jaswant Kaur and another.

The suit accompanied with an application which was preferred under Order 39 Rule 1 and 2, for the grant of temporary injunction, during pendency of proceedings of the Suit. The plaintiff further moved an application invoking the proceedings contained under Section 151, thereby making a prayer that since during the pendency of the suit, the disputed house bearing Municipal No.26-A; has been locked, the same may be directed to be opened. Ultimately the matter was also carried before this Court in Writ Petition no.2356 of 2020, which was dismissed by the judgment of 11.12.2020 and later on, the injunction application under Order 39 Rule 1 and 2 has been decided by the learned trial court, as against which the misc. civil appeal being Misc. Civil Appeal No.02 of 2001, and Misc. Civil Appeal No.01 of 2001 respectively are pending consideration.

The aforesaid misc. civil appeals, as preferred by the petitioners, is of the respective Writ Petition Nos.193 of 2021, the misc. civil appeals and 194 of 2021 accompanied an application of urgency, as well as an application for grant of interim order, on which the urgency was entertained; but on the interim application, no order was granted. Hence, the writ petition.

Considering the facts as involved consideration in the present writ petition and particularly the fact that misc. civil appeal under Order 43 of Rule 1(r) is already pending consideration, alongwith the stay application which has been preferred by the petitioners, this writ petition is being disposed of with a direction to the court of District Judge, Nainital, to decide the stay application filed alongwith the pending misc. civil appeals within a period of one month from the date of production of the certified copy of the order.

(Sharad Kumar Sharma, J.) Vacation Judge 25.01.2021 Arti