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2025 DAILYLAW 6917 (UTT)

ANJALI AHUJA v. SUMAN AHUJA

WPMS/1481/2025 · 2025-05-23

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:4332 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1481/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Arvind Vashistha, Senior Advocate assisted by Mr. Vikas Bahuguna, Advocate for the petitioner. Mr. S.K. Posti, Senior Advocate assisted by Mr. Ashutosh Posti, Advocate for the respondent. 2. This is plaintiff’s writ petition under Article 227 of the Constitution, challenging order dated 16.05.2025. By the said order, learned Trial Court adjourned the proceedings of Original Suit No. 6 of 2025 to 12.06.2025, without extending the order of interim injunction, granted earlier. 3. Learned counsel for the petitioner submits that learned Trial Court had granted interim injunction in favour of petitioner on 19.04.2025, which was extended on 01.05.2025, however, without indicating any reason for not extending the order of interim injunction, learned trial Court simply adjourned the matter to 12.06.2025. 4. Learned Senior Counsel for the petitioner further submits that mother-in-law of the petitioner (respondent herein) sought transfer of Original Suit No. 6 of 2025 from the Court of Civil Judge (Junior Division), Srinagar to any other Court of competent jurisdiction within District Pauri by filing an application under Section 24 CPC before District Judge, this Court vide order dated 15.05.2025 passed in WPMS No. 1399 of 2025, disposed of the writ petition with request to learned District Judge to consider prayer of the mother-in-law for transfer of the Suit as per law within three weeks and learned Trial Court was requested to keep proceedings of the suits, pending 2025:UHC:4332 for a period of three weeks. 5. Mr. Arvind Vashistha, learned Senior Counsel appearing for the petitioner submits that learned District Judge is yet to decide the transfer application filed by respondent and apparently due to the order passed by this Court, learned Trial Court adjourned the matter without extending order of temporary injunction. 6. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a request to the learned District Judge, Pauri to consider prayer for transfer made by mother-in-law (respondent herein) on the next date fixed before learned District Judge, or any other date within ten days thereafter. 7. Till disposal of the prayer for transfer on the application made by mother-in-law, parties are restrained from demolishing the existing structure or altering the nature of the property in question. However, respondent shall be at liberty to let out the property in question at the prevailing market rent and right of the petitioner to get a share in the rent of the property will be decided in an appropriate proceeding as per law. 8. It is made clear that any observation made in this order will not affect the pending suits, which shall be decided independently on merits, uninfluenced by this order. Respondent shall be permitted to install electricity and water connection in the suit property as per requirement. (Manoj Kumar Tiwari, J.) 23.05.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D 2B8F, cn=MAHINDER SINGH Date: 2025.05.24 12:12:19 +05'30'