Uttarakhand High Court

WPMS/1535/2025 on 23 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                         2025:UHC:4367
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                               WPMS/1535/2025

                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Abhishek Sati, Advocate for the petitioner.

2. Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State of Uttarakhand / respondent no. 1.

3. Mr. Ashish Joshi, Advocate for respondent no. 2.

4. Petitioner filed a suit for permanent injunction along with an application for interim relief. The said suit was dismissed by learned Trial Court, vide judgment dated 09.04.2024. Against dismissal of his suit, petitioner filed a Civil Appeal No. 79 of 2024, which is pending before learned District Judge, Dehradun.

5. In this writ petition, petitioner has sought a direction to the defendants / respondents to maintain status quo over the land in question.

6. Learned counsel for petitioner submits that learned Appellate Court has not considered the prayer for interim relief made by petitioner in his Appeal, which was filed in the month of November, 2024. He submits that Nagar Nigam is going to raise 2025:UHC:4367 construction over the land in question and construction, if made, will defeat the purpose of filing the suit.

7. Having regard to the fact that application seeking interim relief, made by petitioner, is pending before learned Appellate Court for last six months, therefore, the writ petition is disposed of with a request to learned Appellate Court to consider and decide petitioner's interim relief application pending in Civil Appeal No. 79 of 2024, within six weeks from production of certified copy of this order.

(Manoj Kumar Tiwari, .J.) 23.05.2025 Navin 2025:UHC:4367