2025:UHC:4811 HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 186 of 2025 11 June, 2025 Sureshchand & Anr. --Appellants Versus State of Uttarakhand & Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Nikhil Singhal, Advocate for the appellants. Mr. V. D. Bisen, learned Additional C.S.C. assisted by Mr. P. S. Bisht, learned Brief Holder for the State. ---------------------------------------------------------------------- Hon'ble Vivek Bharti Sharma, J. The present appeal is preferred by the appellants/plaintiffs for setting-aside the impugned order dated 02.05.2025 passed by the learned Civil Judge (S.D.), Haridwar in Original Suit No.43 of 2025 (C.I.S. No.43 of 2025), “Sureshchand & Another vs. State of Uttarakhand & Others”, and further be pleased to allow the injunction application paper no.7c2 filed by the plaintiff. 2. Learned counsel for the appellants/plaintiffs would submit that the appellants/plaintiffs have filed a suit for permanent injunction against the Patwari of the same Halka, who is bent upon to cut his crop which he sow in the suit property on which he is in possession 1 2025:UHC:4811 before 2007; that, as per Section 122-B (4-F) of U.P. Z.A. & L.R. Act, the appellants/plaintiffs are entitled to file a suit for declaration before the Assistant Collector to declare him the Bhoomidhar; that, the appellants/plaintiffs have already filed a suit no. 22 of 2021 before the Assistant Collector in which the State has accepted the possession of the appellants/plaintiffs in respect of the suit property before 2007; that, the appellants/plaintiffs have filed an application under Order 39 Rule 1 & 2 C.P.C. seeking interim injunction to restrain the respondent no.3/defendant no.3, who happens to Patwari of the same Halka from cutting his crop, however, the same has been rejected on the ground that grant of the interim relief application shall amount granting a final relief. 3. The moot question is whether the appellants/plaintiffs could not have been prayed for interim injunction before the Assistant Collector. 4. At this query, learned counsel for the appellants/plaintiffs would submit that similar application is also filed in the case before Assistant Collector for the declaration of the Bhoomidhari rights but the same is still pending. But the Patwari Halka, i.e. respondent/defendant is not party there. 2 2025:UHC:4811 5. At this stage, learned counsel for the appellants/plaintiffs seeks permission to withdraw the present appeal but at the same time prays to issue a direction to the Assistant Collector to implead the Patwari of the same Halka i.e. respondent no.3 hereat, as defendant no.3 in the Case No.22 of 2021 pending before the Assistant Collector and to dispose of the application for interim relief within 15 days from the receipt of the copy of this order. 6. Learned State counsel does not have any objection to the above. 7. Accordingly, the present appeal is dismissed as withdrawn with direction as prayed above. (Vivek Bharti Sharma, J.) 11.06.2025 Akash 3