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2025 DAILYLAW 11612 (UTT)

SARBJEET SINGH v. ARVIND JAIN

WPMS/2756/2025 · 2025-09-25

Pankaj Purohit

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8641 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2756 of 2025 25 September, 2025 Sarbjeet Singh --Petitioner Versus Arvind Jain & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Prince Chauhan, learned counsel for the petitioner-plaintiff. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of present writ petition, petitioner has sought the indulgence of this Court for a direction to the learned Civil Judge (Junior Division), Bajpur, District Udham Singh Nagar to expedite and decide the Misc. Civil Case No.01 of 2019, filed by petitioner under Order 39 Rule 2A of the CPC within time bound period. 2. An Original Suit No.109 of 2015 was filed by the father of the petitioner/plaintiff in the court of Civil Judge (J.D.) Bazpur, District Udham Singh Nagar for permanent injunction. According to the petitioner, the temporary injunction was granted in his favour by the learned trial court. When the temporary injunction dated 11.08.2017 was violated by respondents/defendants, an application under Order 39 Rule 2A CPC was moved by the petitioner/plaintiff for disobedience of the said order of temporary injunction. 3. It is contended by learned counsel for the petitioner/plaintiff that the application under Order 39 Rule 2A has yet not been decided by learned trial court. 4. An innocuous prayer has been made by learned counsel for the petitioner/plaintiff in the present 2025:UHC:8641 2 writ petition to direct the Civil Judge (J.D.) Bajpur, District Udham Singh Nagar to expedite and decide the Misc. Case No.01 of 2019, under Order 39 Rule 2A CPC, expeditiously in a time bound manner. 5. It is informed by learned counsel for the petitioner/plaintiff that objection has been filed by respondent-defendant in the said Misc. Case No.01 of 2019, but the same is pending disposal since 2019. 6. In view of the facts and circumstances of the case, learned Civil Judge (Junior Division), Bajpur, District Udham Singh Nagar is directed to expedite the hearing of Misc. Civil Suit No.01 of 2019, preferably within one year from the date of production of certified copy of this order. 7. Present writ petition stands allowed accordingly. 8. Pending application, if any, stands disposed off accordingly. (Pankaj Purohit, J.) 25.09.2025 AK