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2025 DAILYLAW 5267 (UTT)

SHILP AGARWAL AND ORS v. REENA GOEL

WPMS/1106/2025 · 2025-05-01

Manoj Kumar Tiwari

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3355 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1103/2025 WPMS 1106/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Neeraj Garg, Advocate, for the petitioners. (2) Since common questions of fact and law are involved in both the writ petitions, therefore, these are being decided by this common order. However, for brevity, facts of WPMS No. 1103 of 2025 alone are being considered and discussed here. (3) Petitioner is challenging the order dated 18.2.2025, passed by learned In-charge District Judge, Dehradun in Miscellaneous Civil Appeal No. 13 of 2025. By the said order, order of temporary injunction, passed in favour of petitioners by the Trial Court, has been stayed. By the order of Trial Court, which has been stayed, defendant no. 1 was restrained from creating third party interest over the suit property. (4) Learned Counsel for the petitioners submits that because of the stay granted by learned Appellate Court, defendant no. 1 may dispose of the property in dispute. He points out that the next date fixed in the Appellate Court is 14.5.2025. (5) Writ petitions are, accordingly, disposed of with a request to the Appellate Court to make endeavour to 2025:UHC:3355 decide the Miscellaneous Civil Appeal No. 12 of 2025 and 13 of 2025 on the next date fixed, if all the respondents are served. If, for any reason, it is not possible to finally decide the miscellaneous appeals on the next date fixed, then the same shall be decided on any other date within six weeks thereafter. Till then, parties are restrained from creating any third party interest over the suit property. (Manoj Kumar Tiwari, J.) 1.5.2025 Pr PRABOD H KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50 602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF8 06ACCC1AB588052DF6FCA58C67F3C91957BE53 , cn=PRABODH KUMAR Date: 2025.05.06 18:18:07 +05'30' 2025:UHC:3355