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2025 DAILYLAW 2985 (UTT)

AMIT RATAN SINGH v. UCHTAR MADHYAMIK VIDHALAYA

WPMS/620/2025 · 2025-03-06

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1589 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UWPMS/620/2025 UHon’ble Manoj Kumar Tiwari, J. Mr. Sanjay Bhatt, Advocate for the petitioners. 2. Petitioners have filed a Miscellaneous Appeal under Order 43 Rule 1(r) CPC, challenging order dated 20.01.2024, passed by trial Court, whereby his temporary injunction application was rejected. On the said appeal, learned Appellate Court, issued notice to the respondents, returnable by 14.02.2024. 3. Grievance raised by the petitioners is that even after expiry of one year, his prayer for interim relief has not been considered by Appellate Court. 4. Learned counsel for the petitioners submits that defendants to the suit, who are respondents in the appeal, are raising construction over the land, belonging to the petitioners and if petitioners’ prayer for interim relief is not considered by the appellate Court, the very purpose of filing of the suit will be lost. 5. Having regard to facts and circumstances of the case, writ petition is disposed of with a request to Additional District Judge, Ramnagar, District Nainital, to consider and decide interim relief application filed by petitioners in 2025:UHC:1589 Miscellaneous Appeal No. 2 of 2024 within three weeks from the date of production of certified copy of this order, provided all the respondents are served. (Manoj Kumar Tiwari, J.) 06.03.2025 Mahinder/