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2025 DAILYLAW 6148 (UTT)

M/S DURGA ASSOCIATES v. M/S PITAMBER ORNAMENTS FEDERATION

WPMS/1270/2025 · 2025-05-08

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:3686 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 1270 of 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. M.S. Tyagi, Senior Advocate, assisted by Mr. Chandra Prakash, Advocate for the petitioner. 2. Mr. Lalit Sharma, Advocate for the respondents. 3. Petitioner has filed a civil suit, which is pending before learned Civil Judge (Junior Division), Haldwani, Nainital, in which, he filed a temporary injunction application. 4. Learned Trial Court initially granted ex- parte temporary injunction in favour of the petitioner, however, subsequently after hearing the defendant, the application seeking temporary injunction was rejected. Petitioner has approached District judge in an appeal under Order 43 Rule 1 (r) CPC, which is pending and notices were issued to the respondents. Since, no interim relief was granted by appellate court to the petitioner, therefore, he has approached this Court. 5. Having regard to the facts and circumstances of the case, writ petition is disposed of with a request to learned Appellate Court i.e. First Additional District Judge, Haldwani, Nainital to consider and decide miscellaneous appeal filed by petitioner within eight weeks from the date of presentation of certified copy of this order before the Appellate Court. 6. Till disposal of the Appeal, parties shall maintain status quo. (Manoj Kumar Tiwari, J.) 08.05.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e 4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D0 95C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.05.13 09:53:54 -07'00'