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2025 DAILYLAW 10030 (UTT)

RAKESH KUMAR v. MUKESH KUMAR GUPTA

AO/291/2025 · 2025-08-28

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS AO No. 291 of 2025 Hon’ble Alok Mahra, J. Mr. Nagesh Agarwal, learned counsel for the appellant. 2. Mr. Piyush Garg, learned counsel for respondent no. 1. 3. Mr. Mohd. Shafy, learned counsel for respondent no. 2. 4. Appellant has filed the present appeal from order challenging the order dated 01.05.2025, whereby, his application for temporary injunction has been dismissed as not pressed. 5. Learned counsel for the appellant has submitted that the counsel for the plaintiff was not available on that date due to his personal reasons and his assisting counsel had sought the adjournment in the matter, but, the application was dismissed as not pressed. 6. After perusing the order-sheet filed by the appellant, it appears that counsel for the plaintiff was not vigilant in conducting his case and has repeatedly sought adjournment on one pretext or the other. 7. Perusal of the impugned order reveals that the counsel assisting the counsel for the plaintiff was present before the court and she has not submitted that she wants to press the application for temporary injunction, therefore, injunction application was dismissed as not pressed. 8. Be that as it may, the order dated 01.05.2025 on application no. 6c2, passed by learned Civil Judge (Sr. Div.), Dehradun, District Dehradun in Original Suit No. 347 of 2024, is set-aside. The parties are directed to appear before the court of learned Civil Judge (Sr. Div.), Dehradun, District Dehradun on 02.09.2025. 9. Both the counsels have assured that they would not seek any adjournment on that date and it is requested and expected from the learned court below that the court would decide the application after hearing both the parties on that date. 10. With the above observation, the appeal from order stands disposed of. 11. Let a certified copy of this order be supplied to learned counsel for the parties within 24 hours, on payment of usual charges. (Alok Mahra J.) 28.08.2025 Ujjwal