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30 December vs Shivcharan & Another
2025 Latest Caselaw 6591 UK

Citation : 2025 Latest Caselaw 6591 UK
Judgement Date : 30 December, 2025

[Cites 1, Cited by 0]

Uttarakhand High Court

30 December vs Shivcharan & Another on 30 December, 2025

Author: Pankaj Purohit
Bench: Pankaj Purohit
                                                       2025:UHC:11639
HIGH COURT OF UTTARAKHAND AT NAINITAL
      Writ Petition Misc. Single No. 3183 of 2024
                         30 December, 2025



Teetu & others
                                                        --Petitioners
                               Versus

Shivcharan & another
                                                      --Respondents

----------------------------------------------------------------------
Presence:-
Mr. M.S. Bisht, learned counsel for the petitioners.
Mr. Brahmchari Sudhanand @ Saurabh, learned counsel for the
respondents.
----------------------------------------------------------------------
Hon'ble Pankaj Purohit, J.

By means of present writ petition, petitioners/plaintiffs have sought the following reliefs:-

"(i) Issue appropriate writ, order or direction to set-aside the judgment and order dated 20.08.2024 passed by learned Civil Judge (Jr. Division) Haridwar in Original No.79 of 2024, Teetu & others vs. Shivcharan & another, (contained as annexure no.1 to this writ petition).

(ii) Issue appropriate writ, order or direction to set-aside the order dated 25.10.2024 passed by 4th Additional District Judge, Haridwar in Civil Revision No.54 of 2024, Teetu & others vs. Shivcharan & another (contained as annexure no.2 to this writ petition)."

2. The facts in brief are that Original Suit No. 79 of 2024, Teetu & others vs. Shivcharan & another was instituted by the petitioners/plaintiffs before the Court of Civil Judge (J.D.), Haridwar, seeking a decree of permanent injunction against the respondents/ defendants. In the said original suit, an application

2025:UHC:11639 under Order 39 Rules 1 and 2 CPC was filed along with an affidavit for grant of temporary injunction. At the time of admission of the suit, the learned trial court issued notice to the respondents/defendants on the temporary injunction application, calling upon them to file their objections, and at the same time granted an ad interim injunction in favour of the petitioners/plaintiffs. The said ad interim injunction was subsequently modified by the learned trial court vide order dated 20.08.2024.

3. Feeling aggrieved, the petitioners/plaintiffs preferred a revision before the learned 4th Additional District Judge, Haridwar, being Civil Revision No. 54 of 2024. The said revision was dismissed vide judgment and order dated 25.10.2024. The petitioners have, therefore, approached this Court challenging the aforesaid orders.

4. During the course of hearing, learned counsel for the respondents/defendants pointed out that the application for temporary injunction is still pending for disposal, though objections to the said application have already been filed.

5. In view of the above, the present writ petition is disposed of with a direction to the learned trial court to decide the application for temporary injunction (Paper No. 7C) expeditiously, preferably within a period of thirty days from the date of production of a certified copy of this order.

6. Pending application, if any, stands disposed of.

(Pankaj Purohit, J.) 30.12.2025 AK

 
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