WPMS/3148/2024
2024 Latest Caselaw 2710 UK

Uttarakhand High Court

WPMS/3148/2024 on 25 November, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

2024:UHC:8720 Office Notes, reports, orders or proceedings SL.

Date or directions COURT'S OR JUDGE'S ORDERS No. and Registrar's order with Signatures WPMS No.3148 of 2024 Hon'ble Manoj Kumar Tiwari, A.C.J.

Mr. Jai Krishna Pandey, Advocate for the petitioner.

2. This is plaintiff's petition against the judgment & order dated 19.01.2023 passed by learned Ist Additional District Judge, Haldwani, District Nainital in Misc. Civil Appeal No. 8 of 2021.

3. Petitioner has filed a suit for declaration that the passage in question is a private passage of petitioner. He has also sought perpetual injunction against the defendant, his agents, servants and assignees from misusing the passage in question. Petitioner also filed a temporary injunction application along with the suit. Learned trial Court rejected the temporary injunction application of the petitioner. He filed Misc. Civil Appeal under Order 43 Rule 1

(r) C.P.C. Learned Appellate Court partly allowed the prayer for temporary injunction made by petitioner and restrained the defendants from throwing garbage in the passage in question and also from creating obstruction in the use of the passage by petitioner.

4. Petitioner is aggrieved by observation made by learned Appellate Court in paragraph no.15 & 16 of the judgment & order dated 19.01.2023 passed by learned Appellate Court.

5. Learned counsel for the petitioner contends that the observation made by 2024:UHC:8720

learned Appellate Court that the passage in question is a public passage, is unwarranted and without any basis.

6. I have perused the impugned judgment. There is no such finding recorded by learned Appellate Court that the passage in question is a public passage. Thus, this Court does not find any reason to interfere with the impugned order. However, having regard to the facts & circumstances of the case, the writ petition is disposed of by providing that any observation made by learned Appellate Court in the impugned judgment shall not prejudice the trial Court and the suit shall be decided, untrammelled by any observation made by learned Appellate Court.

(Manoj Kumar Tiwari, A.C.J.) 25.11.2024 Arpan

ARPAN

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

2.5.4.20=eabb68a3895e41937c266c23964c048536 5445e3a20dddb7393398f9fe45ba3e,

JAISWAL postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D4 54C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2024.11.26 10:48:56 +05'30' 2024:UHC:8720