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2025 DAILYLAW 8088 (UTT)

MOLAKRAM ALIAS MALKHAN v. NAKLI

WPMS/1813/2025 · 2025-06-26

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5433 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1813/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Deepak Sharma, learned counsel for the petitioner. 2. Petitioner filed a partition suit before learned Civil Judge (S.D.), District Haridwar, which is numbered as Original Suit No. 10 of 2024. According to him, application for interim relief, filed by him, has not been considered so far and defendant is trying to take advantage of this position by raising construction over the land in question. Thus, feeling aggrieved, petitioner has filed this writ petition, seeking the following reliefs:- (i) issue a writ, order or direction in the nature of prohibition, prohibiting the respondent / Nakliram from demolishing the previously built joint houses and raising new construction in the property in question, which is a joint inhabited property of the petitioner and his brother Rajkumar and Nakliram without being any partition. (ii) issue a writ, order or direction in the nature of mandamus directing the learned Court below to decide the stay application filed by the petitioner or in case of otherwise, to decide the civil suit numbered as O.S No. 10/2024 Old No. 04/2021, Mokakram alias Malkhan vs Nakli on its merits within a period of six months. 3. This Court is not inclined to grant the relief, as prayed in prayer no. 1. The writ petition is, however, disposed of with a request to the trial court to consider petitioner’s interim relief application on the next date fixed, provided all the defendants are served. (Manoj Kumar Tiwari, J) 26.06.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FB B0, cn=NITI RAJ SINGH ASWAL Date: 2025.06.26 04:08:44 -07'00' 2025:UHC:5433