WPMS/421/2022
2022 Latest Caselaw 606 UK

 IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
          ON THE 7TH DAY OF MARCH, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


        Writ Petition (M/S) No. 421 of 2022


BETWEEN:
Swami Prakashanand.                                  ...Petitioner
     (By Mr. Lalit Belwal, Advocate)


AND:
Dheeraj Tomar & another.                           ...Respondents
     (There is no representation for the respondents)



                           JUDGMENT

Petitioner filed a suit for permanent injunction. Along with the suit, he filed a Temporary Injunction Application. Learned trial Court issued notices to defendants, vide order dated 26.02.2021.

2. Feeling aggrieved by the said order, petitioner has approached this Court with the contention that in view of grave urgency involved in the matter, learned trial Court ought to have granted ex-parte temporary injunction.

3. Learned counsel appearing for the petitioner submits that notices have been served upon the defendants and they have not only put in appearance, but, have also filed their written statement. He further submits that petitioner's Temporary Injunction Application is still pending before trial Court.

4. Having regard to the facts and circumstances of the case, writ petition is disposed of with request to learned trial Court to hear and decide the Temporary Injunction Application of the petitioner, as early as possible, preferably within six weeks from date of production of certified copy of this order.

5. Till disposal of petitioner's Temporary Injunction Application, parties shall maintain status quo, qua the suit property. It goes without saying that trial Court shall take decision in the matter, independently, untrammelled by any observation, made in this order.

(MANOJ KUMAR TIWARI, J.) Navin