Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1100 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.496 of 2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Vikas Bahuguna, Advocate for the petitioner.
2. Petitioner challenged trial Court judgment in Civil Appeal No.19 of 2023. Since the First Appellate Court has not granted interim relief to petitioner, therefore, he has approached this Court by filing this writ petition under Article 227 of Constitution of India.
3.
Learned counsel for the petitioner submits that learned First Appellate court ought to have stayed effect & operation of judgment & decree passed by trial Court and learned Appellate Court erred in simply issuing notice to the respondent.
4. This Court is not impressed with the submission advanced by learned counsel for the petitioner. Grant of injunction is discretionary. Although, respondent in the Appeal was on caveat, however, respondent sought time for filing objection. Thus, the order passed by learned District Judge, cannot be faulted.
5. Since interim relief application filed by petitioner is pending before learned First Appellate Court, therefore, the writ petition is
disposed of with a request to learned District Judge, Dehradun to consider & decide the interim relief application filed by petitioner, within a period of three months’ from the date of production of certified copy of this order.
(Manoj Kumar Tiwari, J.)
18.02.2025 Arpan