Extracted from the PDF above. The PDF is authoritative.
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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.2921 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Nikhil Singhal, Advocate for the petitioner.
2. This writ petition has been filed under Article 227 of the Constitution of India by the petitioner-plaintiff seeking the following reliefs:-
“i. Issue a writ, order or direction in the nature of
certiorari quashing the
order dated 22.04.2025
(contained as Annexure No.03 to the writ petition),
whereby notices have been issued to the defendants for
hearing on application paper no.7c2 under Order 39
Rule 1 & 2 read with Section 151 C.P.C. and parties may
be directed to maintain status quo quai the nature and
possession of the property in question till the application
appear no.7c2 is decided by Learned Trial Court. ii. Issue a writ, order or direction directing the
Learned Civil Judge (J.D.) Laksra, Haridwar, to expedite
the hearing of the application under Order 39 Rule 1 & 2
read with Section 151 C.P.C. in O.S. No.94/2025,
Samerchand Vs. Telluram and others, and further to
decide the same within such stipulated period as the
Hon’ble Court may deem fit and proper in the facts and
circumstances of the case.”
3. It is case of the petitioner-plaintiff is that he has instituted an Original Suit No.94 of 2025, Samerchand Vs. Telluram and others, in the court of learned Civil Judge (J.D.), Laksar, Haridwar for permanent injunction against the respondents-defendants. In the said suit an application under Order 39 Rule 1 and 2 C.P.C. has also been moved by for temporary injunction. Petitioner-plaintiff alleged that he is the recorded owner-in-possession of the suit property. 4. On the said application notices were issued to the respondents-defendants on 22.04.2025 and they were called upon to file objection to the temporary injunction
2 application. 5. It is contended by counsel for the petitioner-plaintiff that the objection has been filed by the respondent- defendant no.1-Telluram, but as per the order sheet despite opportunity no objection has been filed by the respondent- defendant nos.2 and 3 rather they have filed an application Paper No.22C2 under Order 7 Rule 1 (a) and (d) of C.P.C. stating therein that the suit is not maintainable. 6. It is plight of the petitioner-plaintiff that the Application No.6C2 is pending since 22.04.2025 and no interim or temporary injunction has been granted in favour of the petitioner-plaintiff. The matter, on the one hand, is being adjourned for one reason and the other by the respondents-defendants, and on the other hand, they want to harvest the sugarcane crop standing in the suit property. 8. Counsel for the petitioner-plaintiff made an innocuous prayer for a direction to the learned Civil Judge (J.D.) Laksar, Haridwar, for expeditious disposal of the Temporary Injunction Application No.6 C 2. 9.
Accordingly the writ petition is allowed. 10. Learned Civil Judge (J.D.) Laksar, Haridwar, is
directed to decide the Temporary Injunction Application No.6 C 2 within a period of 30 days from the date of production of certified copy of this order after giving last opportunity to the respondent-defendant nos.2 and 3 to file the objection, if any, to the temporary injunction application 6 C 2, in accordance with law.
(Pankaj Purohit, J.)
15.10.2025 SK