Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7436 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.220 of 2025 Hon’ble Alok Mahra, J.
Mr. Iram Ansari and Mr. Mohit Bhauryal, Advocates for the appellant.
Mr. Rishabh Ranghar, Advocate for the respondent.
2. According to the appellant, he filed a suit for permanent injunction against the respondent, which was dismissed by learned Civil Judge (Junior Division), Rishikesh vide order dated 31.07.2024. Appellant challenged the order dated 31.07.2024 by filing Civil Appeal No.01 of 2025, which is pending consideration before learned Ist Additional District Judge, Rishikesh, District Dehradun. According to the appellant, he moved an application under Order 39 Rule 1 & 2 C.P.C. and Section 151 C.P.C., which was not entertained by learned Court below on the ground that Summer Vacations are going on and appellant chosen to file the same during Summer Vacations and, ultimately, dismissed the said application vide order dated 19.06.2025. Thus, feeling aggrieved, appellant has approached this Court, challenging the
order dated 19.06.2025.
3. A Co-ordinate Bench of this Court vide order dated 17.07.2025 directed the parties to maintain status quo over the property in question.
4. Heard
learned counsel for the parties and perused the record.
5. Since the application of the
2025:UHC:7436 appellant for temporary injunction has not been decided on its own merit, this Court thinks that ends of justice would be met, if learned Ist Additional District Judge, Rishikesh, District Dehradun is requested to decide the application of the appellant under Order 39 Rule 1 & 2 C.P.C. and Section 151 C.P.C. on merits expeditiously, preferably within a period of one month, after receipt of the Lower Court’s Record from this Court.
6. Till disposal of application under
Order 39 Rule 1 & 2 C.P.C. and Section 151 C.P.C., parties are directed to maintain status quo over the suit property.
7. Let the Lower Court’s Record be sent back to the concerned Court forthwith.
8. The Appeal stands ordered accordingly.
(Alok Mahra, J.)
22.08.2025 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.08.22 17:33:16 +05'30'