WPMS/1772/2021
2021 Latest Caselaw 3504 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
      ON THE 7TH DAY OF SEPTEMBER, 2021
                          BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 1772 of 2021
BETWEEN:

Shailendera Jha                             ... Petitioner

      (By Mr. Bilal Ahmed, Advocate)


AND:

Munni Jha & others                          ... Respondents
      (None present for the respondents)

                        JUDGMENT

1. Petitioner filed a suit for permanent injunction in respect of Plot No. 3 situate in Village Shanter Sahh, Opposite Kunti Naman College, Paragana & Tehsil Roorkee, District Haridwar before learned Civil Judge (S.D.), Roorkee, District Haridwar, which is numbered as Original Suit No. 237 of 2021. He also filed an application seeking temporary injunction along with said suit. Learned trial court issued notices on the temporary injunction application.

2. In the present writ petition, petitioner has contended that he is the owner in possession of the plot in question and his name has also been recorded in the Revenue Record, therefore, defendants to the suit may be restrained from interfering with petitioner's possession over the suit property.

3. Although the order passed by learned trial court cannot be faulted, as it is inconsonance with the provision contained in Order 39 Rule 3 of C.P.C., however, having regard to the facts of the case, the writ petition is disposed of with a request to learned Civil Judge (S.D.), Roorkee, District Haridwar to consider petitioner's temporary injunction application as early as possible, preferably within six weeks from the date of production of certified copy of this order.

4. Learned counsel for the petitioner undertakes on behalf of his client that petitioner shall take all necessary steps for affecting service upon respondents (defendants in the suit), within a week.

5. For a period of six weeks or till decision is taken on temporary injunction application, whichever is earlier, status quo qua Plot No. 3 only shall be maintained.

(Manoj Kumar Tiwari, J.) Aswal