WPMS/1325/2021
2021 Latest Caselaw 2383 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                 COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      13.07.2021
                                                WPMS No. 1325 of 2021
                                                Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Ms. Himanti, Advocate, holding brief of Mr. Birendra Singh Adhikari, Advocate, for the petitioner.

The petitioner is a plaintiff in Original Suit No. 1116 of 2020, Nirmal Kaur Vs. Parvinder Singh and others. The suit in question, which was filed for declaration, as well as for the grant of decree of injunction accompanied with it an Application under Order 39 Rules 1 & 2 of the CPC, which is pending consideration before the Court of Civil Judge (Senior Division), Dehradun.

The petitioner/plaintiff has filed the present writ petition for seeking an appropriate direction to the Court of Civil Judge (Senior Division), Dehradun, to take an appropriate decision on the application preferred by the applicant (petitioner herein) under Order 39 Rules 1 & 2 of the CPC in the aforesaid suit.

Without expressing any opinion on the merits of the matter, this writ petition is being disposed of with a request to the Civil Judge (Senior Division), Dehradun, to decide the application under Order 39 Rules 1 & 2 of the CPC, as expeditiously as possible, but not later than two months from the date of production of the certified copy of this judgment.

However, it is made clear that this Court does not express any opinion on the merits of the matter. The injunction application has to be decided exclusively on its own merits.

Subject to the above observation, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 13.07.2021 Mahinder/