WPMS/1799/2021
2021 Latest Caselaw 3558 UK

Citation : 2021 Latest Caselaw 3558 UK
Judgement Date : 8 September, 2021

Uttarakhand High Court

WPMS/1799/2021 on 8 September, 2021

     IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
      ON THE 8th DAY OF September, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 1799 of 2021


BETWEEN:

Km. Ananya Chauhan
and another                                       ...Petitioners

     (By Mr. Ankur Sharma, Advocate)

AND:

Smt. Sarla Chauhan and another                ...Respondents

     (There is no representation for the respondents)


                      JUDGMENT

Petitioners have filed a temporary injunction application in Original Suit No. 81 of 2021. Learned trial Court has issued notice on the temporary injunction application vide order dated 27.02.2021 fixing 27.03.2021. Thereafter, further dates were fixed on petitioners' temporary injunction application.

2. Learned counsel for the petitioners has made a statement that all the defendants have been served and they have also put in appearance before the trial Court.

3. Learned counsel for the petitioners submits that if defendants are not restrained from creating

any third party interest over the suit property, the very purpose of filing the suit would be frustrated. He further submits that learned trial Court ought to have granted ex-parte temporary injunction in favour of the petitioners.

4. Without expressing any opinion on the aforesaid submissions made on behalf of the petitioners, the writ petition is disposed of with a request to Court concerned to consider and decide temporary injunction application of the petitioners within eight weeks from the date of production of certified copy of the order.

5. For a period of eight weeks or till disposal of temporary injunction application, whichever is earlier, no third party interest shall be created over the suit property.

6. It goes without saying that learned trial Court will consider petitioners' temporary injunction application on merits, without being influenced by any observation made in this order.

(MANOJ KUMAR TIWARI, J.) Shubham