WPMS/667/2018
2024 Latest Caselaw 2660 UK

Uttarakhand High Court

WPMS/667/2018 on 19 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                              2024:UHC:8570
              Office Notes,
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SL.
      Date    or directions                          COURT'S OR JUDGE'S ORDERS
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                               WPMS No.667 of 2018
                               Hon'ble Manoj Kumar Tiwari, A.C.J.

                                     Mr. Ajeet Kumar Yadav, Advocate,
                               holding brief of Mr. S.K. Mandal, Advocate
                               for the petitioner.
                                     Mr. Dushyant Mainali, Advocate for
                               respondent nos.1 & 2.

2. This is defendant's petition under Article 227 of Constitution, challenging the order dated 20.01.2018 passed by learned Civil Judge (Senior Division), Khatima, District Udham Singh Nagar in Civil Suit No.103 of 2015. By the said order, learned trial Court granted temporary injunction in favour of the applicant.

3. Learned counsel for respondent nos.1 & 2, on instructions, submits that Civil Suit No.103 of 2015 was dismissed by the trial Court and against the judgment & decree passed by trial Court, respondent nos.1 & 2 have filed an Appeal, which is numbered as First Appeal No.21 of 2021, under Section 96 C.P.C., which is pending before Coordinate Bench of this Court.

4. After dismissal of the suit, nothing survives in this writ petition, as petitioner has challenged the interlocutory order passed in the said suit.

5. Accordingly, the writ petition is dismissed as infructuous.

(Manoj Kumar Tiwari, A.C.J.) 19.11.2024 Arpan

ARPAN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=eabb68a3895e41937c266c23964c04853 65445e3a20dddb7393398f9fe45ba3e,

JAISWAL postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2024.11.20 10:40:21 +05'30'