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High Court of Uttarakhand · body

2025 DAILYLAW 15257 (UTT)

RAJ KUMAR NARANG v. SHRI KASHI LAL

WPMS/2801/2025 · 2025-12-08

Pankaj Purohit

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

` 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.2801 of 2025 Hon’ble Pankaj Purohit, J. Mr. Naitik Bhatt, Advocate for the petitioners. 2. Mr. Vikas Kumar Guglani, Advocate for the respondents. 3. This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioners–defendant nos.2 and 3 have challenged the order dated 20.09.2025 passed by the learned Civil Judge (S.D.), Rudrapur, Udham Singh Nagar in Original Suit No. 241 of 2025, Shri Kashi Lal and another vs. Shri Pankaj Ahuja and others, whereby, ignoring the caveat filed by the petitioners–defendant nos.2 and 3, an ex parte ad-interim injunction order was granted in favour of the plaintiffs–respondents. 4. The parties are ad idem on the point that if the learned trial court is directed to decide the 6C application on merits after giving an opportunity of hearing to both sides, the impugned order may be set aside. 5. The prayer made by learned counsel for the parties appears to be genuine. 6. Accordingly, the writ petition stands disposed-off. The order dated 20.09.2025 passed by the learned Civil Judge (S.D.), Rudrapur, Udham Singh Nagar in Original Suit No.241 of 2025, Shri Kashi Lal and another Vs. Shri Pankaj Ahuja and others, is hereby quashed on the ground that the caveat filed by the petitioners–defendant nos.2 and 3 was ignored. However, the learned trial court is directed to decide the 6C application filed under Order 39 Rules 1 and 2 of the C.P.C. by the plaintiffs–respondents expeditiously, 2 preferably within a period of one month, after hearing the parties and without being influenced by any observations made earlier while granting the ad-interim injunction. (Pankaj Purohit, J.) 08.12.2025 SK