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2025 DAILYLAW 14787 (UTT)

SANJAY PRADHAN v. SHALINI VASHIST

AO/400/2024 · 2025-11-06

Alok Mahra

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9781 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS AO No.400 of 2024 Hon’ble Alok Mahra, J. Mr. Narendra Bali, learned counsel for the appellant. 2. Mr. Sandeep Kothari, learned counsel for the respondent. 3. The present Appeal from Order under Order 43 Rule 1(r) CPC has been filed against the order dated 12.08.2024 passed by the learned Civil Judge (Senior Division), Haridwar in O.S. No. 168 of 2024, “Smt. Shalini Vashist vs. Sanjay Pradhan”, whereby the respondent/plaintiff’s 7C application for temporary injunction was allowed. 4. Brief facts of the case are that the plaintiff purchased the suit property through two registered sale deeds from Smt. Deepali Sharma, who had acquired ownership by virtue of a Registered Will dated 21.11.2006 executed by her mother, Smt. Pushpa Pradhan. The respondent/plaintiff is running a hotel on the said property under the name Pushp Hotel, after obtaining necessary licences and utility connections in her name. The defendant, brother of Smt. Deepali Sharma, attempted to acquire the property at an undervalued price and, upon failure, started creating obstruction and attempting to take possession unlawfully. The respondent/plaintiff, being a bona fide purchaser in possession, sought interim injunction to restrain the defendant from interfering with her peaceful possession and enjoyment of the property. 5. After considering the facts, the learned trial court found that the respondent/plaintiff is in possession of the 2025:UHC:9781 suit property pursuant to the registered sale deeds and that the balance of convenience lies in her favour. Accordingly, the appellant was restrained from interfering with her possession over the suit property. 6. Heard learned counsel for the parties and perused the record. It reveals that at present, four civil suits between the parties are pending before different Civil Courts in District Haridwar relating to the same property. To avoid multiplicity of proceedings and in the interest of justice, it is directed that the parties shall not create any third-party interest in the property and shall maintain status quo with respect to possession and title. The learned trial court(s) concerned shall endeavour to decide the aforesaid suits expeditiously. 7. In view of the above, the present appeal stands disposed of accordingly. (Alok Mahra, J.) 06.11.2025 BS BALWAN T SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a1 7c02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB5 53DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.11.07 15:46:34 +05'30'