Extracted from the PDF above. The PDF is authoritative.
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. 1415 of 2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Siddhartha Singh, Advocate for the petitioner.
2. Petitioner filed a suit for cancellation of sale deed dated 20.09.2013, executed by his mother in favour of his brother (defendant in the aforesaid suit), which is numbered as Suit No. 6 of 2019.
3. Petitioner moved an application seeking temporary injunction in the said suit, which was rejected by trial Court on
04.02.2025. Petitioner thereafter filed Miscellaneous Appeal under Order 43 Rule 1 (r) CPC, which is pending before IIIrd Additional District Judge, Dehradun.
4.
Learned counsel for petitioner submits that Appellate Court issued notice to the respondent in the said appeal, vide order dated 07.02.2025. Respondent is evading service. He submits that next date fixed before the Appellate Court on 31.05.2025.
5. Petitioner has approached this Court for protection, as according to him, the defendant to the suit is about to transfer the land, which is subject matter of the suit, to some other person, which will give rise to more complications and multiplicity of proceedings.
6.
Learned counsel for petitioner submits that the Appellate Court be directed to consider petitioner’s prayer for interim relief on the next date fixed and till then some protection be given to the petitioner, who is an old man, aged about 73 years.
7. Having regard to the
facts and circumstances of the case, writ petition is
disposed of with a request to learned Appellate Court to consider petitioner’s prayer for interim relief on the next date fixed i.e. 31.05.2025, provided the respondent is served.
8. For a period of six weeks or till disposal of petitioner’s interim relief application, whichever is earlier, the parties to the suit are restrained from creating any third party interest. It is made clear that Appellate Court shall deal with petitioner’s interim relief application, independently uninfluenced by this order.
(Manoj Kumar Tiwari, J.)
16.05.2025 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=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21CE 5, cn=NAVEEN CHANDRA Date: 2025.05.17 14:39:55 -07'00'