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2025 DAILYLAW 5271 (UTT)

RAVINDRA SINGH CHAUHAN v. ROHIT BATTA

WPMS/1110/2025 · 2025-05-08

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3643 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1110/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Piyush Garg, Advocate, for the petitioner. (2) Respondent no. 1 claims to have purchased a property in 2012, which allegedly petitioner also claims to have purchased in 2019. Respondent no. 1 filed a suit, in which petitioner is defendant no. 2. Learned Trial Court passed order of temporary injunction in favour of plaintiff (respondent no. 1 herein), restraining the petitioner from interfering with the possession of plaintiff and also directed the parties to maintain status quo qua the nature of the suit property. Petitioner filed miscellaneous appeal against injunction order, passed by the Trial Court. Learned Appellate Court dismissed petitioner’s appeal. In this writ petition, petitioner has challenged the orders passed by the Trial Court and the Appellate Court. (3) Heard learned Counsel for the petitioner and perused the impugned orders. (4) Learned Trial Court has given valid reasons for granting temporary injunction in favour of plaintiff (respondent no. 1), therefore learned Appellate Court was justified in dismissing the appeal. Both the courts below have recorded that the plaintiff has been able to make out a prima 2025:UHC:3643 facie case for grant of temporary injunction. Therefore, this Court is not inclined to interfere with the discretionary relief granted by the Trial Court, as affirmed by the Appellate Court. (Manoj Kumar Tiwari, J.) 8.5.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aea b198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052D F6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.05.17 11:53:48 +05'30'