2025:UHC:9614 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 2992 of 2025 31 October, 2025 Gurdev Singh --Petitioner Versus Shri Avtar Singh and Ors. --Respondents ---------------------------------------------------------------------- Presence:- Mr. Kanwaljit Singh, learned counsel for the petitioner-defendant, appeared through video conferencing. Mr. Rishab Ranghar, learned counsel for respondent No.1/Caveator. Hon’ble Pankaj Purohit, J. (Oral) This writ petition under Article 227 of the Constitution of India has been moved by the petitioner/ defendant challenging the order dated 14.07.2025 (Annexure No.1) passed by the learned Additional District Judge-III, Dehradun in Misc. Civil Appeal No.11 of 2025, Shri Avtar Singh Vs. Shri Gurdev Singh. 2. The brief facts of the case are that the respondent No.1 filed suit being Original Suit No.06 of 2019 Avatar Singh Vs. Prakash Kaur and Others, before the learned Trial Court declaring sale deed dated 20.09.2013 registered in the office of Sub Registrar, Dehradun and recorded in Book No.1, Vol.5035, at pages 97 to 111, at Serial No.8212, dated 20.09.2013 as void and another relief for permanent injunction was sought restraining the petitioner herein from creating third party rights and from damaging the property in suit. Petitioner filed his written statement. An application for interim injunction was filed by the respondent No.1-plaintiff dated 02.01.2019 and subsequently, he moved a second 1 2025:UHC:9614 application paper No.72C dated 20.01.2025 through his counsel, wherein, he sought relief for restraining the petitioner herein for changing the nature of suit. Objections were filed against the application for interim injunction and the learned Trial Court heard the application 72C for interim injunction and vide order dated 04.02.2025, said application was dismissed. Against the aforesaid order dated 04.02.2025, an appeal was filed vide Misc. Civil Appeal No.11 of 2025, Shri Avtar Singh Vs. Shri Gurdev Singh, before the Court of learned District Judge, Dehradun and an application for interim injunction was filed vide application dated 07.02.2025. Learned District Judge ordered for issuance of notice and transferred the appeal to the Court of learned ADJ-III, Dehradun. Thereafter, respondent No.1 moved a writ petition No.1415 of 2025 (M/S) and a Coordinate Bench of before this Court disposed of the said writ petition vide order dated 16.05.2025 with a request to learned Appellate Court to consider the petitioner’s prayer for interim relief on 31.05.2025 provided the respondent was served and further restrained the parties to suit from creating any third party interest. Thereafter, learned Trial Court has allowed the appeal and further ordered restraining the petitioner from changing the nature of the suit property vide impugned order dated 14.07.2025. Thus, feeling aggrieved, the petitioner is before this Court by challenging the impugned order dated 14.07.2025. 3. Learned counsel for the petitioner submits that the petitioner has no other efficacies and remedy available to challenge the impugned order dated 14.07.2025 except invoking Article 227 of the Constitution of India. Learned Appellate Court did not apply its mind and passed impugned order by means of 2 2025:UHC:9614 non-speaking order. He further submits that the impugned order suffers from material illegality and learned Appellate Court failed to exercise the jurisdiction so vested in it under law. Further, if the impugned order be allowed to sustain, it would cause miscarriage of justice. 4. Per contra, learned counsel for respondent No.1-Caveator submits that there is no illegality in the impugned order passed by learned Appellate Court. 5. I have heard the learned counsel for the parties and perused the impugned order passed by learned Appellate Court as well as the entire record available on record. There is no illegality in the impugned order dated 14.07.2025 passed by the learned Appellate Court. Since, the Original Suit No.06 of 2019 is pending before the learned Trial Court, this Court thinks that there is no illegality committed by the learned Appellate Court while granting temporary injunction and allowing the Misc. Civil Appeal No.11 of 2025, therefore, no interference is required exercising its supervisory jurisdiction under Article 227 of the Constitution of India. 6. Accordingly, the present writ petition fails and is dismissed in-limine. 7. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.) 31.10.2025 PN 3