1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.2944 of 2025 16th October, 2025 Ajay Singh Kwera & others --Petitioners Versus Yogesh Mehra & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. B.D. Pande, learned counsel for the petitioners. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of the present writ petition, the petitioners have sought the indulgence of this Court for quashing the order dated 21.05.2025, passed by the 1st Additional District Judge, Haldwani, Nainital, in Misc. Civil Appeal No. 08 of 2025, Yogesh Mehra & others vs. Ajay Singh Kwera & others, annexed as Annexure-6 to the writ petition, or, in the alternative, to direct the parties to maintain status quo regarding the possession of the suit property. 2. Brief facts of the case are that the petitioners are the owners of the land situated in Village Hera Gajjar, Tehsil Haldwani, District Nainital, which is recorded in the revenue records under category 1Ka. The land of the petitioners is a joint holding in the names of as many as 15 tenure holders. The respondents are also owners of land situated towards the eastern side of the petitioners' land, which is recorded in the name of the respondents under category 1Ka. However, there is a piece of land measuring 0.6320 hectares of nazul land situated between the petitioners' and the respondents' land, possession of which is with the petitioners. The 2 respondents filed a suit for permanent injunction along with an application for temporary injunction in the court of the learned Civil Judge (S.D.), Haldwani, being O.S. No. 02 of 2024, Yogesh Mehra & others vs. Ajay Singh Kwera & others. In the said suit, the petitioners/ defendants filed their written statements as well as objections to the temporary injunction application. The learned trial court rejected the application by order dated 26.04.2025. Against the said order, the respondents preferred Misc. Civil Appeal No. 08 of 2025, Yogesh Mehra & others vs. Ajay Singh Kwera & others. The learned appellate court, vide its order dated 21.05.2025, allowed the application for temporary injunction, restraining the petitioners from interfering with the possession of the suit land and from digging soil and stones from the suit land. Aggrieved by the said order, the petitioners have approached this Court. 3. It is contended by the learned counsel for the petitioners that, while granting the temporary injunction, the learned appellate court did not consider whether the respondents have a prima facie case and the other two essential ingredients, namely balance of convenience and irreparable loss, are attracted. He further contends that, in case the injunction is not granted in favor of the respondents, no irreparable loss will be caused to them; however, under the guise of the temporary injunction, the respondents would attempt to take forcible possession of the suit land, which would prejudice the rights of the petitioners. 4. Having considered the submissions and perused the material on record, this Court finds no manifest error or jurisdictional infirmity in the impugned 3 order dated 21.05.2025 warranting interference under Article 227 of the Constitution of India. It is well settled that the supervisory jurisdiction under Article 227 is to be exercised sparingly and only in cases of grave miscarriage of justice or patent illegality. No such case is made out in the present matter. Accordingly, the present writ petition is dismissed at the threshold itself. 5. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 16.10.2025 AK