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 JUDGES’S ORDERS
WPMS No. 1715 of 2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Saurabh Kumar Pandey, Advocate for the petitioner.
2. Petitioner filed a suit for permanent injunction before Civil Judge (Senior Division), Roorkee, District- Haridwar in 2021, which is numbered as Civil Suit No. 30 of 2021. According to him, he also filed an application seeking temporary injunction in the said suit in 2021 itself, but the said application has not been considered so far.
3. By means of this writ petition, petitioner has sought the following reliefs:-
“a) Issue a writ, order or direction in the nature of Mandamus directing the learned Trial Court to decide the pending Application No. 6-C, (Annexure no 1) filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, in Civil Suit No. 30 of 2021, within such time period as this Hon'ble Court may deem just and proper in the facts and circumstances of the case; OR b) Further be pleased to direct the parties to maintain Status-Quo with respect to the possession and nature of the suit property, i.e., Khet No. 215 measuring 0.003 hectare, until the said application under Order XXXIX Rules 1 and 2 CPC is finally adjudicated by the learned Trial Court; OR”
4. Since the application for temporary injunction was filed by petitioner in 2021 to which objection was reportedly filed by all the defendants and written statement of defendants is also on record, therefore the writ petition is disposed of with a request to learned Trial Court to consider the prayer for temporary injunction made by petitioner in his application, on the next date fixed in the matter. If for any reason, it is not possible to decide the temporary injunction application on the next date fixed, then the same shall be decided on any other date, within two weeks thereafter.
(Manoj Kumar Tiwari, J.)
26.06.2025 Navin