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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPMS No.2861 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Dileep Chandra Mathor, Advocate for the petitioner.
2. This writ petition has been filed under Article 227 of the Constitution of India by the petitioner for a direction to the learned Civil Judge (S.D.) Roorkee, Haridwar to expeditiously decide the 6C2 application for temporary injunction moved by the petitioner-plaintiff in Suit No.216 of 2022, Deepak Bharti Vs. Smt. Kiran Devi and others.
3.
Learned counsel for the petitioner-plaintiff submits that Original Suit No.216 of 2022, Deepak Bharti Vs. Smt. Kiran Devi and others, was instituted by him on 09.06.2022 against the respondents-defendants for cancellation of sale deed and permanent injunction. In the said original suit an Application 6C2 has also been moved by the petitioner- plaintiff under Order 39 Rule 1 and 2 r/w 151 of C.P.C. for temporary injunction.
4. He further submits that on the said application notices were issued by the trail court on 09.06.2022 to the respondents-defendants; the notices were served upon the respondents-defendants; the respondent-defendant nos.1 and 2 put in appearance on 17.01.2023 before the trial court through their Advocate while despite service no one has put in his appearance on behalf of respondent no.3.
5. Accordingly the case proceeded ex parte against respondent no.3 on the same date i.e., 17.01.2023.
6. It is contended by counsel for the petitioner-plaintiff that it is reflected from the order sheet that Objection to
2 6C2 has also been filed by respondent nos.1 and 2, which was taken on record as Paper No.38 C 2.
7. The plight of the petitioner before this court is that the Application 6C2 of the petitioner-plaintiff is pending since 2022 and he wants a direction for trial court to decide the said application expeditiously.
8. Having heard learned counsel for the petitioner- plaintiff and perusal of the order sheet annexed, the submission made by counsel for the petitioner-plaintiff appears to be correct. Thus he has succeeded in making out a case for a direction to the trial court.
9. Accordingly writ petition stands allowed.
10. Learned Civil Judge (S.D.) Roorkee, Haridwar is
directed to decide the 6C2 and 38C2 applications and objection to application of temporary injunction, moved by the petitioner-plaintiff in Suit No.216 of 2022, Deepak Bharti Vs. Smt. Kiran Devi and others, pending before it expeditiously and to decide the same within a period of 15 days from the date of production of certified copy of this
order.
(Pankaj Purohit, J.)
13.10.2025 SK