Guddu Goswami And Another vs Anusuya
2025 Latest Caselaw 6399 UK

Uttarakhand High Court

Guddu Goswami And Another vs Anusuya on 18 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                        WPMS No.3493 of 2025
                                        Hon'ble Pankaj Purohit, J.

Mr. R.P. Nautiyal, learned senior counsel assisted by Mr. Vinay Bisht, learned counsel for petitioner-plaintiff.

2. By means of present writ petition under Article 227 of the Constitution of India, petitioner has challenged judgment and order dated 03.12.2025 and a formal decree dated 12.12.2025 passed by learned District Judge, Rudraprayag, in Misc. Civil Appeal No.5 of 2025 Narendra Prasad Goswami @ Guddu Goswami and Another Vs. Anusuya Lal, as well as prayed to restore and affirm the order granting injunction/status quo, as upheld earlier in Misc. Civil Appeal No.1 of 2025 Anusuya Lal Vs. Narendra Prasad Goswami @ Guddu Goswami, and order dated 17.07.2025 and a formal decree dated 12.12.2025 passed by learned Civil Judge (Sr.Div.), Rudraprayag in Original Suit No.3 of 2025 Anusuya Lal Vs. Narendra Prasad Goswami @ Guddu Goswami.

3. It is contended by learned senior counsel for petitioner that an Original Suit No.3 of 2025 Anusuya Lal Vs. Narendra Prasad Goswami @ Guddu Goswami, was filed by petitioner-plaintiff in the Court of learned Civil Judge (S.D.), Rudraprayag, for permanent injunction. In the said suit, an application under Order 39 Rule 1 & 2 CPC was moved by petitioner-plaintiff, which was rejected and resulted into filing a Misc. Civil Appeal No.1 of 2025 Anusuya Lal Vs. Narendra Prasad Goswami @ Guddu Goswami, before the learned District Judge, Rudraprayag.

4. In the said Appeal, learned District Judge remanded the matter to learned Trial Court to decide the application under Order 39 Rule 1 & 2 CPC afresh and in the meantime, parties were directed to maintain status quo, vide judgment and order dated 07.05.2025. Thereafter, vide order dated 19.07.2025 learned Civil Judge (S.D.), Rudraprayag, allowed the said application and directed the parties to maintain status quo.

5. Feeling aggrieved by aforesaid order dated 19.07.2025, respondents-defendants preferred Misc. Civil Appeal No.5 of 2025 Narendra Prasad Goswami @ Guddu Goswami and Another Vs. Anusuya Lal, before the learned District Judge, Rudraprayag, and learned District Judge vide judgment and order dated 03.12.2025 allowed the said appeal and rejected the order of status quo dated 19.07.2025. Thus, petitioner is before this Court.

6. Issue notice to respondents-defendants, returnable within four weeks.

7. Steps to be taken within a week.

8. Put up on 13.03.2026.

9. Till the next date of listing, parties are directed to maintain status quo.

(Pankaj Purohit, J.) 18.12.2025 PN