WPMS/3689/2024
2025 Latest Caselaw 1488 UK

Uttarakhand High Court

WPMS/3689/2024 on 3 January, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                       2025:UHC:33
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                                       WPMS No. 3689 of 2024
                                       U   Hon'ble Manoj Kumar Tiwari, J.

Mr. Hari Mohan Bhatia, learned counsel for petitioner.

2. Petitioner is plaintiff in a suit for mandatory injunction filed before learned Civil Judge (Junior Division), Tanakpur, District Champawat.

3. In the said Suit, learned trial Court granted temporary injunction in favour of petitioner, restraining the respondent/defendant from creating any third party interest or parting with the possession of suit premises during the pendency of the suit.

4. Defendant filed a Miscellaneous Appeal, which has been disposed of by learned District Judge, Champawat, vide judgment dated 17.09.2024 with the direction that both the parties shall not create any third party interest in the property in question.

5. Petitioner has challenged the said order passed by learned Appellate Court.

6. During the course of argument, learned counsel for the petitioner submits that he is giving up challenge to the judgment rendered by the Appellate Court. He submits that learned trial Court be directed to expedite hearing of the suit as the suit is proceeding with slow pace.

2025:UHC:33

7. From perusal of the record, it is revealed that suit was filed in the month of May, 2023 and it is at the stage of plaintiff's evidence, therefore, the Writ Petition is disposed of with a request to learned trial Court to make endeavour to decide the suit within one year from the date of production of a certified copy of this order, uninfluenced by the observations made by Appellate Court in the impugned judgment. Unnecessary adjournments to the parties should be avoided.

(Manoj Kumar Tiwari, J.) 03.01.2025 Mahinder/

MAHINDER DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8 c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND,

SINGH serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35D C4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.01.03 18:14:31 +05'30'