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2025 DAILYLAW 6392 (UTT)

SARAJU v. ASGAR

WPMS/1348/2025 · 2025-05-16

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4019 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1348/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Ankur Sharma, Advocate, for the petitioner. Mr. S.K. Nailwal, Standing Counsel, for the State. (2) By means of this writ petition, petitioner has sought the following reliefs: “(i) issue a suitable writ order or direction setting aside impugned order dated 22.08.2024 passed by learned Assistant Collector First Class, Vikasnagar, Dehradun in Revenue Case No. 50 of 2023-24 Asgar Vs Saraju and others (Annexure No. 6 to this writ petition) whereby the learned Assistant Collector First Class, Vikasnagar, Dehradun allowed the application dated 19.07.2024 (Annexure No. 5 to this writ petition) filed by respondent no. 1 U/s 151 C.P.C. without hearing the petitioner and directed the parties to maintain status quo over the property in question. (ii) issue a writ order or direction setting aside the order dated 25.11.2024 (Annexure No. 8 to this writ petition) passed by learned Court of Revenue Board, Dehradun in Revision No. 27 of 2024-25 Saraju Vs Asgar whereby the learned Court of Revenue Board, Dehradun dismissed the revision filed by the petitioner against the order dated 22.08.2024 passed by learned Assistant Collector First Class, Vikasnagar, Dehradun in Revenue Case No. 50 of 2023-24 Asgar Vs Saraju and others on the grounds of maintainability.” (3) Petitioner is aggrieved by grant of interim relief in favour of the plaintiff in a suit, in which petitioner is a 2025:UHC:4019 defendant. By the said interim order, parties were restrained from creating third party interest over the property in question. (4) This Court is not inclined to interfere in the matter. Interim order passed by the trial court was just and proper in the facts and circumstances of the case and was meant to preserve the suit property. Thus there is no scope for interference with the impugned order. Writ petition is, however, disposed of with a request to Assistant Collector concerned to decide the aforesaid suit at an early date. Unnecessary adjournments to the parties shall be avoided. (Manoj Kumar Tiwari, J.) 16.5.2025 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.05.17 14:41:13 +05'30' 2025:UHC:4019