Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4583 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1548/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Piyush Garg, Advocate for the petitioners.
2. Petitioners have filed partition suit which is pending before learned Civil Judge (Senior Division), Nainital and is registered as Original Suit No. 55 of 2023.
3. In the partition suit, petitioners filed an application, seeking temporary injunction on
27.05.2025. Learned trial Court granted time to file objection to the defendants to the suit, fixing
17.06.2025.
4. By means of this writ petition, petitioners have sought the following reliefs:
“I. To issue a writ order or direction in the nature of certiorari for quashing in part the order dated 27.05.2025, whereby the learned Trial Court failed to grant temporary injunction in favour of the petitioner and merely
directed the respondent/defendant to file objections thereto. (Annexure No. 10) II. To issue a writ order or direction in the nature of Mandamus directing the Ld. Trial Court to decide the Temporary Injunction Application at the earliest within the time bound period as may be fixed by this Hon'ble Court. III. To issue a writ order or direction in the nature of Mandamus restraining the defendants from using the land in question as commercial car parking of strangers, from creating any third party interest in the property in question during the pendency of the suit and directing the defendants to remove all hoardings boards and advertisement of the said illegal parking.”
2025:UHC:4583
5. Since the matter is posted for 17.06.2025 before the trial Court, this Court is not inclined to interfere in the matter at this stage, the writ petition, however, is disposed of with a request to Court concerned to make endeavour to consider and decide the prayer for interim relief made by the plaintiffs/petitioners on the next date fixed.
6. If for any reason, it is not possible to do so, then Temporary Injunction Application shall be decided within ten days thereafter.
(Manoj Kumar Tiwari, J.) 05.06.2025 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=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.06.05 18:21:41 +05'30'