Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8954 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2833 of 2025 09 October, 2025 Veerpal And Others --Petitioners Versus
Vijay Pratap Rana and Others --Respondents ---------------------------------------------------------------------- Presence:-
Mr. Pankaj Kumar Sharma, learned counsel for the petitioners-plaintiffs. Hon’ble Pankaj Purohit, J. (Oral)
This writ petition has been filed by the petitioners-plaintiffs for a direction to learned Civil Judge (Sr. Div.), Roorkee, District Haridwar, to decide the application for temporary injunction of the petitioners- plaintiffs filed under Order 39 Rule 1 and 2 and Section 151 of CPC expeditiously. 2. It is contended by learned counsel for the petitioners-plaintiffs that an Original Suit No.294 of 2025 Veerpal and Others Vs. Vijay Pratap RAna and Others, was instituted by the petitioners-plaintiffs in the Court of learned Civil Judge (Sr. Div.), Roorkee, District Haridwar, for permanent injunction against the respondents-defendants. Along with the said suit, an application for temporary injunction No.6C2 supported by an affidavit was also moved with a prayer to pass a temporary injunction in favour of the petitioners- plaintiffs, restraining respondents-defendants to raise any construction over the suit property. 3. It is submitted by learned counsel for the petitioners-plaintiffs that the suit was filed on 14.08.2025 along with the application for temporary injunction. The notices were issued by the learned Trial Court on the application for temporary injunction to the 1
2025:UHC:8954 respondents-defendants and as per the record contained in supplementary affidavit, the respondents-defendants have been served. But, instead of appearing before the learned Trial Court and filing objections to the temporary injunction application, respondents-defendants are raising construction with utmost haste. 4. The petitioners-plaintiffs are before this Court for a direction to the learned Trial Court to expedite and decide their application 6C2 for temporary injunction expeditiously. 5. Having heard learned counsel for the petitioners-plaintiffs and having perused the record of the writ petition carefully, this Court is of the view that the prayer made by petitioners-plaintiffs is innocuous. The application 6C2 for temporary injunction is pending before the learned Trial Court since 14.08.2025 and the respondents-defendants have already been served with notices, but, instead of joining the proceedings, they are raising construction over the suit property with undue haste. 6. In this view of the matter, the present writ petition deserves to be allowed and the same is accordingly allowed. Learned Civil Judge (Sr.
Div.), Roorkee, District Haridwar, is directed to expedite the hearing of the application 6C2 for temporary injunction dated 14.08.2025 and decide the same within thirty days from the date of production of certified copy of this order. (Pankaj Purohit, J.)
09.10.2025 PN
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