Ganga Ram Moti Ram Delhi Wali ... vs Shri Rajkumar Rathi And Others
2026 Latest Caselaw 1065 UK

Uttarakhand High Court

Ganga Ram Moti Ram Delhi Wali ... vs Shri Rajkumar Rathi And Others on 16 February, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                                                       2026:UHC:936

   IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL

THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                    16TH FEBRUARY, 2026

           WRIT PETITION NO.338 OF 2026 (M/S)

Ganga Ram Moti Ram Delhi Wali Dharamshala Trust
through its President / Chairman Pramod Kumar Rathi
                                      .....Petitioner

                             Versus

Shri Rajkumar Rathi and Others                   .....Respondents

Counsel for the petitioner   :       Mr. Pramod Bailwal, Advocate
                                     with Mr. Bharat Singh, Advocate
                                     and Ms. Payal Jain (through video
                                     Conferencing), Advocate.


Hon'ble Alok Kumar Verma,J.

This Writ Petition has been filed under Article

227 of the Constitution of India with the following

prayers :-

"(I) To issue a direction to the learned Civil Judge (S.D.) Rishikesh, District Dehradun to decide the application under Order 39 Rule 1 & 2 read with section 151 of C.P.C. which is numbered as 6C2 application along with the affidavit 7C2 which is pending before the Court of Learned Civil Judge (S.D.) Rishikesh, District Dehradun in O.S. No. 69 of 2025 Ganga Ram Moti Ram Delhi Wali Dharamshala Trust Vs Shri Rajkumar Rathi and others on the next date fixed i.e. 20-02-2026 or at an early date.

(II) To issue a direction to the respondent no.

2 not to create any third party interest on the property known as Ganga Ram Moti Ram Delhi Wali Dharamshala situated as property no. 13/10 Main Bazar Rishikesh total area 1919.54 Sq. metre by way of any Sale Deed, Gift Deed or Leased Deed and from removing the old structure and

2026:UHC:936 changing the nature of the property till the application under Order 39 Rule 1 & 2 r/w Section 151 of C.P.C. is decided which is pending before the Court of Learned Civil Judge (S.D.) Rishikesh, District Dehradun in O.S. No. 69 of 2025 Ganga Ram Moti Ram Delhi Wali Dharamshala Trust Vs Shri Rajkumar Rathi and others.

(III) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the cases.

(IV) Award cost of the petition to the petitioner."

2. Heard Mr. Pramod Bailwal, learned counsel for

the petitioner.

3. Mr. Pramod Bailwal, Advocate, has submitted

that the Application for temporary injunction has been

pending for the last three and a half months. He

submitted on instructions that the petitioner wants to

press only prayer no. (I).

4. In the facts and circumstances of the case,

the present Writ Petition (WPMS No. 338 of 2026) is

disposed of requesting the concerned Civil Judge to

endeavor to decide the Application, filed for temporary

injunction in Original Suit No. 69 of 2025, on

20.02.2026, and, if the said Application is not decided

on 20.02.2026 due to any cogent reason, then the

concerned Civil Judge shall decide the said Application

as early as possible, but not later than three weeks

from the date of presentation of certified copy of this

order.

2026:UHC:936

5. It is made clear that this Court has not

expressed any opinion on the merit of the case.

___________________ ALOK KUMAR VERMA, J.

Date: 16.02.2026 Shiv/