WPMS/201/2023
2023 Latest Caselaw 261 UK

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

                  WRIT PETITION (M/S) NO. 201 OF 2023
                            13TH JANUARY, 2023
BETWEEN:
Rajkumar                                                       .....Petitioner.
And

Fakir Mohammad & others                                        ....Respondents.

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

Counsel for the Respondent No.2 : Mr. Yogesh Chandra Joshi, learned Standing Counsel.

The Court made the following:

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

Amended memo of parties tendered in Court by

learned counsel for the petitioner is taken on record.

2. The present writ petition, under Article 227 of the

Constitution of India, has been preferred by the petitioner to

assail the order dated 21.12.2022, passed by the learned

Senior Civil Judge, Vikas Nagar, Dehradun in Original Suit

No.201 of 2022, "Rajkumar vs. Fakir Mohammad & others",

whereby the Trial Court failed to grant ex parte temporary

injunction in favour of the petitioner- plaintiff against

dispossession by the respondents, as well as the subsequent

order dated 09.01.2023, whereby the proceedings have now

been adjourned to 21.01.2023 for issuance of fresh summons

to the other defendants, who are respondent nos.2 and 3 in

the said Suit, and for framing of issues.

3. The case of the petitioner is that the petitioner is

apprehending dispossession from the property in his

possession at the hands of the respondents/ defendants and,

therefore, preferred the aforesaid Suit.

4. Respondent no.1 appeared on caveat when the Suit

was, firstly, taken up by the Court on 21.12.2022. It was

adjourned to 09.01.2023. It has further been adjourned to

21.01.2023 since the other defendants have not been served

in the Suit. Fresh summons have been issued to the un-

served defendants in the meantime.

5. Mr. Piyush Garg submits that the petitioner shall,

positively, serve the un-served defendants through Special

Messenger, appointed by the Trial Court, for which steps will

be taken without any delay.

6. In case the defendants are served before

21.01.2023, the Trial Court may take up the application of

the petitioner for consideration on merits on that date, or on

the following date, which may be fixed after two weeks.

7. With these directions, the petition is disposed of.

8. It is made clear that this Court has not examined

the merits of the petitioner's claims on one way or the other.

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

10. Let a certified copy of this order be issued to

learned counsels for the parties within forty-eight hours, as

per Rules.

(VIPIN SANGHI, C.J.)

Dated: 13th January, 2023 NISHANT