Extracted from the PDF above. The PDF is authoritative.
2025:UHC:10946 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No.3317 of 2025 Hon’ble Pankaj Purohit, J.
Ms. Swaleha Hussain, Advocate for the petitioners.
2. This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioners-plaintiffs have challenged the order dated 16.04.2025, passed by learned Civil Judge (J.D.), Vikasnagar, Dehradun, in Original Suit No.97 of 2025, Puran Dei and others Vs. Indra Negi and others, to the extent whereby the learned trial court has declined to grant ex parte interim injunction in favour of the petitioners-plaintiffs.
3. The aforesaid original suit has been filed by the petitioners-plaintiffs for permanent injunction.
4. Vide order dated 16.04.2025, learned trial court has been pleased to issue notice to the respondents-defendants and at the same time decline to pass ad interim injunction in favour of the petitioners-plaintiffs.
5. It is feeling aggrieved the petitioners-plaintiffs are before this Court.
6. I have gone though the impugned order whereby notices were issued, but this Court cannot usurp the right of learned trial court to decide temporary injunction application under Section 39 r/w 1 and 2 of C.P.C. which is pending adjudication. The same shall be decided once the respondent- defendant files his objection to the temporary injunction application.
2025:UHC:10946
7. Accordingly no case is made out for interfering. The writ petition stands dismissed; however learned trial court i.e., learned Civil Judge (J.D.), Vikasnagar, Dehradun is directed to decide the temporary injunction application No.6C2 of the petitioner-plaintiffs expeditiously.
(Pankaj Purohit, J.)
10.12.2025 SK