2025:UHC:8021 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.1589 of 2025 10th September, 2025 Savinder Singh and others ………Petitioners Versus Rashika Gupta ………Respondent ---------------------------------------------------------------------- Presence:- Mr. Pankaj Arya, Advocate for the petitioners. Ms. Monika Pant, Advocate for the respondent. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. The present writ petition has been filed under Article 227 of the Constitution of India by the petitioners- defendants, whereby the petitioners-defendants seeks quashing of ex parte interlocutory/interim order dated 09.04.2025, passed by learned Civil Judge, (J.D.) Kashipur, Udham Singh Nagar in Original Suit No.51 of 2025, Shrimati Rashika Gupta Vs. Savinder Singh and others, whereby the petitioners-defendants have been prohibited from obstruction and creating interference with the construction work carried out by respondent- plaintiff. 2. From perusal of the impugned order, it is reflected that after hearing counsel for the respondent- plaintiff, the ex parte ad interim injunction was granted in favour of the respondent-plaintiff and the petitioners- defendants were issued summons and the suit was listed for objection/hearing on the application for temporary injunction Paper No.6 C on 21.04.2025. 3. From perusal of the impugned order, it is also clear that ex parte injunction has been granted for the reason that if the ad interim ex parte injunction is not 1 2025:UHC:8021 granted the respondent-plaintiff would suffer irreparable loss and legal injury. 4. The petitioners-defendants instead of filing his objection challenged the impugned order by filing the present writ petition under Article 227 of the Constitution of India. 5. In the opinion of this Court, the application under Order 39 Rules 1 and 2 Paper No.6 C is yet to be decided after getting the objection from the side of the petitioners-defendants and there is no occasion for this Court to interfere in the matter at this stage. 6. The petitioners-defendants may file objection before the learned trial court on the application Paper No.6 C if not already filed and if the objection is filed the said application Paper No.6 C shall be decided/disposed- off by the learned trial court within a period of one month from the date of receipt of the objection of the petitioners- defendants. If objection to application Paper No.6 C is already filed, application Paper No.6 C shall be decided within 15 days from the date of production of certified copy of this order. 7. Accordingly, writ petition stands dismissed. (Pankaj Purohit, J.) 10.09.2025 SK 2