[Cites 1, Cited by 0]
Uttarakhand High Court
Smt. Harshi Bhtra And Another ... vs Smt. Namrata Kalra And Others on 19 February, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal Against Order No. 43 of 2026
Smt. Harshi Bhtra and another ............ Applicants
Vs.
Smt. Namrata Kalra and others ...........Respondents
Present: Mr. T.S. Bindra (through video conferencing) and Mr. Rachit
Mangalik, Advocates for the appellant.
Ms. Samridhi Arora (through video conferencing) and Mr. Mehul
Joshi, Advocates holding brief of Ms. Medhavi Divya Saxena,
Advocate for the respondents.
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this appeal is made to Order dated
22.12.2025, passed in Original Suit No.117 of 2025, Smt. Namrata
Kalra and others Vs. Ishwar Chand and others, by the court of Civil
Judge (Sr. Div.), Dehradun ("the Suit"), by which, while deciding an
Application-6 C-2, under Order 39 Rule 1 and 2 of the Code of Civil
Procedure, 1908 ("the Code") parties were directed to maintain
status quo qua the property in the suit.
2. Heard learned counsel for the parties and perused the
record.
3. Learned counsel for the appellants submits that the
order is not in accordance with law. In paras 25 and 26 of the
impugned order, the court has merely recorded that it would be
justified if the parties are directed to maintain status quo without
examining the three factors necessary to be examined while dealing
with an application under Order 39 Rule 1 and 2 of the Code,
which are: (i) prima facie case; (ii) balance of convenience; and (iii)
irreparable injury. He further submits that admittedly, the
appellants are in possession. The appellants had purchased the
property by a duly registered sale-deed and, thereafter, got a map
sanctioned on that property, erected a multi story building and
now, suddenly a status quo order has been passed, which deserves
to be set aside.
4. Learned counsel for the appellants also submits that,
in fact, the plaintiffs or the contesting parties are respondent nos.1
to 4 in this appeal and the other respondents are proforma
defendants, non-contesting. This fact is not denied by learned
counsel for the respondent nos.1 to 4, who are plaintiffs in the suit.
5. Learned counsel for the respondent nos.1 to 4 submits
that the description of the property has been given in a table in
para 2 of the plaint. She submits that, in para 17 and 18 of the
impugned judgment, the court has recorded the fact based on
which the order has been passed. But, she fairly concedes that, in
fact, findings on prima facie case, balance of convenience and
irreparable injury has not been recorded by the court below.
6. Order 39 Rule 1 of the Code makes provisions, as to in
which cases the temporary injunction can be granted. The law on
this point is well settled. Before any finding is recorded on an
application for temporary injunction, three factors namely (i) prima
facie case; (ii) balance of convenience; and (iii) irreparable injuries
have to be examined. After objections having been filed without
discussing the merits, passing of mere status quo order may not be
termed as order in accordance with law. The impugned order runs
in 27 paragraphs. From paragraphs 1 to 24, the court has
discussed the arguments, documents that have been filed by the
parties in support of their averments qua temporary injunction. In
para 25, in the impugned order, the court records that whatever
grounds have been taken by the parties in their respective
applications and objections they pertains to evidence which may be
decided after evidence is adduced. Thereafter, in para 26, the court
records that it would be justified, if the parties are directed to
maintain status quo.
7. The parties are contesting their claims. It is the claim
of the appellants that they had purchased the property and had got
a map sanctioned for construction of multi story building, which is
underway. The respondent nos.1 to 4 have a different claim.
According to them, on a portion of land belonging to them the
construction is being raised. The defendant nos. 1 and 4 have
sought temporary injunction under Order 39 Rule 1 and 2 of the
Code. Objections have been filed. At this stage, the court is required
to deal with three factors namely, (i) prima facie case; (ii) balance of
convenience; and (iii) irreparable injuries. It has not been done.
Without any discussion, status quo order has been passed. The
Court further records that the arguments that have been raised
pertains to evidence.
8. Whatever finding is recorded at the stage of deciding an
application under Order 39 Rule 1 and 2 of the Code that finding
does not decide the suit. That finding is recorded based on
affidavits and documents produced by the parties at that stage only
to the extent of deciding an application under Order 39 Rule 1 and
2 of the Code. The suit is decided once parties are permitted to
adduce their evidences. Therefore, this Court is of the view that the
impugned order is not in accordance with law. The court below
ought to have discussed the rival claims on temporary injunction
while examining three factors namely, (i) prima facie case; (ii)
balance of convenience; and (iii) irreparable injuries. It has not been
done. Therefore, while setting aside the impugned order, the court
below may be requested to decide the application under Order 39
Rule 1 and 2 of the Code filed by the respondent nos.1 to 4 in
accordance with law, after affording an opportunity of hearing to
the parties.
9. The impugned order is set aside. The matter is remitted
to the court below to decide the application under Order 39 Rule 1
and 2 of the Code filed by the respondent nos.1 to 4, in accordance
with the law, after affording an opportunity of hearing to the
parties. This application shall be decided expeditiously, while
avoiding adjournments.
10. The appeal is decided accordingly.
(Ravindra Maithani, J.)
19.02.2026
Sanjay
SANJAY
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=e50e50b49596520698eff87e0a08bbd5046
86df4d1afc60f54a287831dec46fe,
KANOJIA
postalCode=263001, st=UTTARAKHAND,
serialNumber=26EEB7122ED0DD23233A255DD8EC
450A84B515A087CAEFD1B3179A7DEAE40699,
cn=SANJAY KANOJIA
Date: 2026.02.20 16:04:32 +05'30'
