2025:UHC:7651 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS A.O. No.203 of 2025 Hon’ble Alok Mahra, J. Mr. Shankar Aggarwal, learned counsel for the appellant. Mr. Priyanshu Gairola, learned counsel for respondent nos.1 and 2. Mr. Amanjot Singh Chadha, learned counsel for respondent no.3. 2. This Appeal under Order 43 Rule 1 (r) C.P.C. has been filed against the order dated 28.03.2024 passed by learned Civil Judge (Senior Division), Dehradun in Original Suit No.292 of 2025, whereby the learned trial Court has rejected the injunction application filed by the appellant under Order 39 Rule 1 and 2 of CPC. 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the appellant would submit that appellant and respondents are sister, brother and sister-in-law; that, as per will executed by their late father, half of the share of the disputed property was on the possession of the appellant and remaining half share of the property was divided between two brothers; that, the appellant filed a suit for permanent 2025:UHC:7651 injunction seeking restraining the respondents for interfering from the peaceful possession. 5. Per contra, learned counsel for the respondents would submit that the suit itself is not maintainable, as no partition of the property has been taken place. 6. Learned counsel for the parties would also submit that the present Appeal from Order may be disposed of with a direction to learned trial Court to decide the Original Suit No.292 of 2024, ‘ Manu Sharma Vs. Rajeev Sharma and others’, on its own merit, within the stipulated period. 7. In view of consensus recorded by learned counsel for the parties, the Appeal from Order is disposed of with a direction to learned trial Court to decide the suit pending between the parties, as expeditiously as possible. 8. Till disposal of the suit pending before the trial court, parties are restrained from creating any third party interest over the property in question. (Alok Mahra, J.) 28.08.2025 BS