Gopal Singh And Another ....... ... vs Kuldeep And Four Others
2021 Latest Caselaw 304 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                      Wirt Petition (M/S) No. 201 of 2021
Gopal Singh and another                                              ....... Petitioners

                                              Vs.

Kuldeep and four others                                            ...... Respondents


Present:
Mr. Ankur Sharma, learned counsel for the writ petitioners.


                                    JUDGMENT

Hon'ble Sharad Kumar Sharma, J. (Oral)

Petitioners are the plaintiffs in a Suit No. 09 of 2021, Gopal vs. Kuldeep and others, wherein they sought a decree of permanent injunction as against defendants in relation to the property in dispute, which is described as hereunder:

"fooj.k fookfnr Hkwfe

Ikqjkuk Hkwfe [kljk ua0 22 jdck 1-11 ,dM Hkwfe [kljk ua0 23 jdck 0-76 ,dM ;kfu 0-7580 gS0 gky [kljk ua0 797 x jdck 0-0840 gS0 Hkwfe [kljk ua0 798 jdck 0-0510 gS0] Hkwfe [kljk ua0 799 jdck 0-1800 gS0] Hkwfe [kljk ua0800 jdck 0-0900 gS0] Hkwfe [kljk ua0 801 d jdck 0-1350 gS0] Hkwfe [kljk ua0 802 d jdck 0-2180 gS0 dqy jdck 0-7580 gS0 fLFkr ekStk ckywokyk] ijxuk iNoknwu] rglhy fodkluxj] ftyk nsgjknwu ftldh lhek;s fuEu gS %&

iwjc es & Hkwfe jke flag] if'pe es & Hkwfe esgj pUn ds okfjlks dh] mRrj es & xzkfe.k jkLrk]

nf{k.k es & Hkwfe t;pUn ds okfjlks dh o catj HkwfeA"

2. In the said suit, an application was filed for the grant of temporary injunction, but the same was declined to be granted as ex parte by the court of learned Civil Judge (J.D.), Vikas Nagar, Dehradun, vide its impugned order dated 19.01.2021 and the Court has fixed 8th of February,

2021, as the date for consideration of the application under Order 39 Rule 1 & 2.

3. After putting his argument, learned counsel for the petitioners has confined his relief only to the extent that an appropriate direction may be issued to the court of learned Civil Judge (JD), Vikas Nagar, Dehradun to decide the aforesaid pending application under Order 39 Rule 1 & 2 CPC as expeditiously as possible, but not later than the date already fixed by the learned Court below i.e. 8th February, 2021.

4. The writ petition is disposed of with a direction to Court of learned Civil Judge (J/D), Vikas Nagar, Dehradun to decide the aforesaid application on the said date, subject to the condition that there happens to be an objection to be filed by the defendants/respondents under Order 39 Rule 4 of CPC.

5. Pending applications also stand disposed of.

(Sharad Kumar Sharma, J.) Vacation Judge 27.01.2021 Kaushal