Uttarakhand High Court

WPMS/1910/2024 on 10 July, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                     2025:UHC:5994
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                             WPMS 1910/2024
                             Hon'ble Manoj Kumar Tiwari, J.

Mr. Piyush Garg, Advocate, for the petitioner.

Mr. M.S. Tyagi, Senior Advocate, with Mr. S.S. Lingwal, Advocate for the respondent no. 1 and 2.

(2) Petitioner is plaintiff in O.S. No. 83 of 2022. He has filed this writ petition challenging the judgment dated 22.5.2024, rendered by Additional District Judge, Kotdwar in Misc. Civil Appeal No. 02 of 2024. By the said judgment, learned Additional District Judge set aside trial court's order of temporary injunction, passed on 21.2.2024.

(3) Learned Counsel for the petitioner submits that the trial court had granted temporary injunction in favour of petitioner after considering all relevant aspects, including prima facie case, balance of convenience and irreparable loss and injury, but the appellate court did not consider these aspects and interfered with the discretionary order passed by the trial court.

(4) Per contra, Mr. M.S. Tyagi, learned Counsel for the defendant (respondent herein) submits that the petitioner does not have a prima facie case, as he admittedly is a trespasser over the property belonging to respondent and no injunction can be granted against a true owner. He further 2025:UHC:5994

submits that appellate court has considered all relevant aspects. (5) Be that as it may, since the suit is pending before Senior Civil Judge, Kotdwar since 2022, therefore, writ petition is disposed of with a request to the court concerned to make endeavour to decide the suit as early as possible, preferably within one year.

(6) Till decision in the suit, parties shall maintain status quo qua the possession over the property in dispute.

(Manoj Kumar Tiwari, J.)

10.7.2025 Pr

PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C 91957BE53, cn=PRABODH KUMAR Date: 2025.07.10 18:22:13 +05'30' 2025:UHC:5994