2025:UHC:7632 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2544 of 2025 28 August, 2025 Mohd. Islam Mansoori & another --Petitioners Versus Executive Officer --Respondent ---------------------------------------------------------------------- Presence:- Mr. Tapan Singh, learned counsel for the petitioners. Mr. Rajeev Kumar, learned counsel for the respondent (appeared through V.C.). ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present writ petition, petitioners have sought the following relief:- (i) Issue a writ, order or direction in the nature of mandamus, commanding/directing the trial court i.e. Civil Judge (S.D.) Roorkee, District Haridwar to hear and decide the interim relief application (paper no.6C2) filed in Original Suit No.245/2025, Mohd. Islam Mansoori vs. Executive Officer, Nagar Panchayat Jhabreda within stipulated period framed by this Court and also direct the respondent not to interfere in the peaceful possession of the plaintiffs/petitioners and not raise any construction over the property in dispute, during the pendency of the suit.” 2. It is contended by learned counsel for the petitioners-plaintiffs that the petitioners-plaintiffs have filed Original Suit No. 245 of 2025 against the respondent-Nagar Panchayat, Jhabreda, Roorkee, District Haridwar, seeking a permanent injunction. According to the plaint, the petitioners-plaintiffs are the owners in possession of the aforesaid property, and the Nagar Panchayat, Jhabreda, has been constructing a drain over the property of the petitioners-plaintiffs. Therefore, the petitioners-plaintiffs have prayed for a permanent injunction against the 2025:UHC:7632 2 respondent. Along with Original Suit an application under Order 39 Rules 1 & 2 CPC has also been filed. The learned trial court issued notice to the respondent-Nagar Panchayat, Jhabreda, on 14.07.2025, and fixed the next date on 29.07.2025. On that day, the vakalatnama was filed by the counsel for the respondent, but objections were not filed. Instead of filing objections to the application for ad-interim injunction, the Nagar Panchayat, Jhabreda, proceeded to construct the drain over the property of the petitioners-plaintiffs. Subsequently, the Nagar Panchayat lodged a First Information Report (FIR) on 25.08.2025, alleging obstruction in its work and also issued a notice of encroachment over the property of the respondent- defendant in Nagar Panchayat, Jhabreda. 3. Having heard learned counsel for the parties and perusal of the record, it appears that the application (Paper No.6C2) under Order 39 Rules 1 & 2 of the CPC is yet to be decided by the learned trial court, and the objections have not yet been filed by the respondent/Nagar Panchayat, Jhabreda. Therefore, the learned trial court is hereby directed to decide the said application expeditiously, within a period of thirty days from the date of production of a certified copy of this order. 4. With the aforesaid direction, the writ petition is disposed of finally. 5. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 28.08.2025 AK