WPMS/460/2023
2023 Latest Caselaw 508 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                  WRIT PETITION (M/S) NO. 460 OF 2023

                           24TH FEBRUARY, 2023

BETWEEN:
Sunil Kumar Binjola & another                                  .....Petitioners.
And

Vivekanand Dhyani                                              ....Respondent.

Counsel for the Petitioners : Mr. Piyush Garg, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The primary grievance of the petitioners is that the

interim application, seeking interim injunction under Section

151 of CPC, filed by the petitioners, who are the plaintiffs in

Original Suit No.34 of 2020, "Sunil Kumar & another vs.

Vivekanand Dhyani", which is pending in the Court of learned

Senior Civil Judge, Vikasnagar, Dehradun, has not been

decided, even though, the same is pending since 29.06.2020,

and in the meantime, the respondent is continuing to raise

construction.

2. Learned counsel informs that the next date fixed in

the case is 06.03.2023.

3. I have perused the order-sheet of the Trial Court.

4. I dispose of this petition with a direction to the Trial

Court to proceed and dispose of the interim application

preferred by the petitioners on the next date fixed.

5. Neither party shall seek, nor be granted any undue

adjournment.

6. I make it clear that this order shall not be

construed as an expression of opinion on the merits of the

case of either party.

7. The aforesaid direction is subject to the petitioners'

bringing this order to notice of the respondent and his

counsel appearing before the Trial Court within one week

from today by recorded delivery.

8. The petition stands disposed of in the aforesaid

terms.

9. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 24th February, 2023 NISHANT