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2025 DAILYLAW 5302 (UTT)

AMAN SINGHAL v. SURESH KUMAR

WPMS/1120/2025 · 2025-04-25

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3108 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1120/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. J.K. Pandey, learned counsel for the petitioner. 2. Petitioner filed a suit for permanent injunction before learned Civil Judge (J.D.), Vikasnagar, District Dehradun, which is numbered as Original Suit No. 28 of 2025. Along with plaint, petitioner has filed a temporary injunction application, on which notice was issued vide order dated 01.02.2025. 3. Petitioner has challenged the said order passed by trial court by contending that trial court ought to have granted ex- parte temporary injunction in favour of the petitioner. 4. In view of provision contained in Order 39 Rule 3 of C.P.C., order passed by learned trial court cannot be faulted. However, having regard to the facts of the case, the writ petition is disposed of with a request to learned trial court to consider petitioner’s prayer for temporary injunction on the next date fixed, provided all the defendants are served. (Manoj Kumar Tiwari, J) 25.04.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b 08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4 F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.04.28 09:50:10 -07'00' 2025:UHC:3108