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2025 DAILYLAW 3972 (UTT)

MAHANT DEVENDRA DAS v. STATE OF UTTARAKHAND

WPMS/827/2025 · 2025-06-05

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4552 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/827/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Neeraj Garg, learned counsel for the petitioner. 2. Mr. S.K. Nainwal, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Rahul Consul, learned counsel for the respondent/MDDA. 4. Petitioner has filed a suit for eviction and permanent prohibitory injunction, which is pending before learned Civil Jude (S.D.), Dehradun and is registered as Original Suit No 394 of 2024. Petitioner filed an application, seeking temporary injunction in the said suit, which is still pending consideration. 5. Learned counsel for the petitioner submits that number of dates were fixed in the suit, however, the temporary injunction application has not been considered so far and the next date fixed is 16.07.2025. 6. Learned State Counsel, however, points out that the application under Order 7 Rule 11 of CPC has been filed by the State, which is also pending consideration before the trial court. 7. Having regard to the facts and reasons of the case, the writ petition is disposed of with a request to the court concerned to consider the application filed by State under Order 7 Rule 11 of CPC on the next date fixed. In case, the 2025:UHC:4552 application under Order 7 Rule 11 of CPC is rejected, then the temporary injunction application, filed by the petitioner, shall be considered, within ten days of the disposal of application under Order 7 Rule 11 of CPC. (Manoj Kumar Tiwari, J) 05.06.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f980 2a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C 22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.06.05 05:26:30 -07'00'