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2025 DAILYLAW 17356 (UTT)

RAM SINGH v. JINDER SINGH

WPMS/3434/2025 · 2025-12-11

Ashish Naithani

body2025

Judgment text

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2025:UHC:11053 SL . N o. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS WPMS No. 3434 of 2025 Hon ’ble Ash ish Nait h an i, J. Mr. Prem Prakash Singh Phartiyal, learned counsel for the Petitioner. 2. The present writ petition under Article 227 of the Constitution of India is filed by the Petitioner to issue an appropriate order or direction to the learned Civil Judge (J.D.), Bazpur, District Udham Singh Nagar to decide the application for T.I. (6C2/7C2) pending in Civil Suit No.01 of 2025 as early as possible. 3. Learned counsel for the Petitioner makes a submission that the Civil Suit was registered on 02.01.2025 and since then the application of T.I. (6C2/7C2) is pending till date; the Civil Suit is being influenced by the defendant by threatening the villagers who might be the witness of the case and Respondent does not want to get the civil suit decided in the present circumstances because they have bully force. 4. Learned counsel for the Petitioner makes further submission that approximately 12 months have passed from the date of filing of the suit but the proceedings of the suit and deciding the T.I. application is going on snail’s pace; the disposal of the temporary injunction application must be done within 30 days as per Order 39 Rule 3-A of Civil Procedure Code, 1908 even if the 2025:UHC:11053 notices could not be served against the defendant. 5. Learned counsel for the Petitioner further submits that in view of provisions of Order 17 Rule 1(1) of Code of Civil Procedure, 1908 Respondent ought not to have granted the adjournments unnecessarily; the delay in the matter is causing grave injustice to the Petitioner. 6. In view thereof, the present petition is disposed of with a direction to the learned Civil Judge (J.D.), Bazpur, District Udham Singh Nagar to decide the Application for T.I. (6C2/7C2) pending in Civil Suit No.01 of 2025 as expeditiously as possible, in accordance with law, without granting unnecessary adjournment to either of the parties. (Ashish Naithani, J.) 11.12.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48 ef73518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee492 24c891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.12.11 16:42:26 +05'30'