2025:UHC:7531 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2520 of 2025 26 August, 2025 M/s Dinex India Pvt Ltd. --Petitioner Versus Shri Sanjay Negi and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Aditya Pratap Singh, learned counsel for the petitioner/defendant No.1. Hon’ble Pankaj Purohit, J. (Oral) By means of the present writ petition under filed under Section 227 of the Constitution of India, petitioner has sought the indulgence of this Court for issuance of mandamus directing the learned Civil Judge(S.D.) Dehradun, for deciding the application No.51C2 filed by the petitioner (defendant No.1 in the Original Suit No.247/2021) under Order 39 Rule 1 and 2 pending since 13.09.2023 as expeditiously as possible and to further direct the status quo to be maintained by the parties concerned in regard to the subject land as described in a counter claim filed by the petitioner. 2. It is contended by learned counsel for the petitioner that an Original Suit No.247 of 2021 Shri Sanjay Negi and Another Vs. M/s Dinex India Pvt. Ltd. and Ors., has been instituted by respondent Nos.1 and 2/plaintiffs for permanent injunction against the petitioner/defendant No.1 and respondent Nos.3 & 4/ defendant Nos.2 & 3. The petitioner/defendant No.1 has put in appearance and raised a counter claim claiming that the respondent Nos.1 and 2/plaintiffs are not in possession of the suit property, rather the property is in possession of the petitioner/defendant No.1. Along with the counter claim, petitioner/ defendant No.1 has moved 1 2025:UHC:7531 an application 51C2 under Order 39 Rule 1 and 2 CPC on 13.09.2023 with a prayer for restraining the respondent Nos.1 and 2/plaintiffs from interfering in the peaceful possession of the petitioner/defendant No.1 over the suit property. 3. It is further contended by the learned counsel for the petitioner/defendant No.1 that despite having been filed the objection on the said application, the same is still pending consideration. In order to buttress his submission, order sheet of the said Suit has also been annexed by the petitioner, which also reflects that the said application is pending adjudication. He also contends that the said application is pending adjudication for the almost two years. 4. In such view of the matter, this Court is convinced with the submissions made by learned counsel for the petitioner/defendant No.1 and is of the view that direction is required to be given to learned Trial Court to decide the application 51C2 under Order 39 Rule 1 and 2 CPC expeditiously. 5. Accordingly, the present writ petition is disposed of, with a direction to learned Civil Judge (Sr. Div.), Dehradun, to decide the application 51C2 under Order 39 Rule 1 and 2 CPC filed by the petitioner/defendant No.1, expeditiously but not later than 15 days from the date of production of certified copy of this order. 6. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.) 26.08.2025 PN 2