WPMS/1826/2021
2021 Latest Caselaw 3581 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
     ON THE 9TH DAY OF SEPTEMBER, 2021
                             BEFORE:
  HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Writ Petition (M/S) No. 1826 of 2021


BETWEEN:

Wakf Khuda Wand Tala
through Mutwaali Smt. Naushad. ....Petitioner
        (By Mr. Bilal Ahmed, Advocate)



AND:

Shamim Ahmed @ Chamma
& others.                                    ...Respondents
        (There is no representation for the respondents)




                          JUDGMENT

Petitioner has filed Temporary Injunction Application along with his suit. Learned trial Court has issued notices on petitioner's Temporary Injunction Application. Thus, feeling aggrieved, petitioner has approached this Court.

2. Learned counsel for the petitioner submits that, in the absence of any protection, the suit property, which is a Kabristan, is likely to be squandered by the defendants, therefore, learned trial Court ought to have granted ex-parte temporary injunction.

3. Since order passed by learned trial Court is in consonance with the provision contained in Order 39 Rule 3 C.P.C., therefore, this Court does not find any reason to interfere with the same.

4. However, having regard to the facts and circumstances of the case, Writ Petition is disposed of with a request to learned trial Court to consider and decide the Temporary Injunction Application of the petitioner, as early as possible, preferably, within four weeks from the date of production of certified copy of this order.

5. Petitioner's counsel gives an undertaking on behalf of his client that petitioner shall take all necessary steps for ensuring service of notice upon defendants. However, learned trial Court shall consider petitioner's Temporary Injunction Application on merits, without being influenced by any observation made in this order.

6. For a period of four weeks or till disposal of Temporary Injunction Application of the petitioner, whichever is earlier, parties shall maintain status quo qua the suit property.

7. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Navin