Citation : 2026 Latest Caselaw 2585 UK
Judgement Date : 1 April, 2026
2026:UHC:2278
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
01ST APRIL, 2026
WRIT PETITON NO.589 of 2026 (M/S)
Shri Virendra Chand .....Petitioner
Versus
Smt. Neelam Devi ....Respondent
Counsel for the Petitioner : Mr. Jai Krishna Pandey,
Advocate.
Hon'ble Alok Kumar Verma,J.
This writ petition has been filed by the
petitioner-plaintiff under Article 227 of the Constitution
of India with the following prayers :-
"(I) To issue a writ, order or direction in the nature of certiorari for quashing, in part, the order dated 19.02.2026, to the extent that the learned Trial Court failed to grant an ex parte temporary injunction in favour of the plaintiff and merely issued notice to the defendant; (II) To issue a writ, order or direction in the nature of mandamus directing the learned Trial Court to decide the Temporary Injunction Application at the earliest, within such time-
bound period as may be fixed by this Hon'ble Court;
(III) To issue a writ, order or direction in the
2026:UHC:2278 nature of mandamus restraining the respondent from executing any sale deed or agreement in respect of the property in question in favour of any third party and from raising any construction over the property in question, pending disposal of the Temporary Injunction Application by the learned Trial Court.
(IV) Any other relief which this Hon'ble Court may deem fit and proper, may kindly be awarded in favour of the petitioner and against the respondents."
2. Heard Mr. Jai Krishna Pandey, learned counsel
for the petitioner.
3. On 27.03.2026, Mr. Jai Krishna Pandey,
Advocate sought two days' time to get instructions.
4. Today, Mr. Jai Krishna Pandey, Advocate has
submitted on instructions, received from the petitioner,
that the petitioner wants to press the prayer number
(II) only.
5. Mr. Jai Krishna Pandey, Advocate has
requested to decide the present writ petition with a
direction to the learned Civil Judge (Junior Division),
Rishikesh, District Dehradun to decide the temporary
injunction application, filed by the petitioner-plaintiff,
aged about 80 years, in Original Suit No.16 of 2026,
within four weeks.
6. Having heard, the learned trial court is
2026:UHC:2278 directed to decide the temporary injunction application,
filed by the petitioner-plaintiff in Original Suit No.16 of
2026, "Shri Virendra Chand vs. Smt. Neelam Devi", as
expeditiously as possible, as per law, but not later than
four weeks' from the date of production of the certified
copy of this order.
7. The present Writ Petition No.589 of 2026
(M/S) is disposed of accordingly.
8. It is made clear that this Court has not
expressed any opinion on the merit of the case.
___________________ ALOK KUMAR VERMA, J.
Date: 01.04.2026 JKJ/Pant
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