WPMS/3056/2022
2022 Latest Caselaw 3956 UK

               Office Notes,
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      Date                                    COURT'S OR JUDGES'S ORDERS
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                                 WPMS 3056/2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. B.S. Adhikari, Advocate, for the petitioner.

Mr. Yogesh Tiwari, Standing Counsel, for the State.

This writ petition is directed against the order dated 26.8.2022, passed by Board of Revenue in Revision No. 19/2021-22, whereby effect and operation of the judgment dated 15.7.2022, passed by Additional Commissioner, Garhwal Division, was stayed during pendency of the revision.

By the judgment, which has been stayed, learned Additional Commissioner had set aside the order dated 11.4.2016, passed by Assistant Collector, whereby ex parte temporary injunction was granted in favour of plaintiff and the matter was remanded back for reconsideration of temporary injunction application and also the application under Section 80(2) CPC.

Since the order impugned in this writ petition is an interim order, which shall operate only till disposal of the revision pending before Board of Revenue, therefore, this Court is not inclined to interfere with the said order. Writ petition is, however, disposed of with a request to Board of Revenue to decide the aforesaid revision expeditiously, preferably within nine months from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 8.12.2022 Pr