2025:UHC:5972 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2017/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Navneet Kumar, Advocate for the petitioner. 2. Petitioner has challenged judgment dated 21.05.2024, rendered by Board of Revenue, Uttarakhand in Revision No. 43 of 2023-24. By the said judgment, the order of temporary injunction, passed in favour of petitioner by learned Assistant Collector, was set aside on the ground that defendants were not heard while passing the order. 3. A pointed query was put to learned counsel for the petitioner as to whether there is any evidence that notice issued by Assistant Collector to the defendants in the suit was ever served upon them. His reply, however, is in the negative and he fairly submits that there is no such evidence. 4. Law is well settled that while considering an application for temporary injunction, both the parties have to be heard. 5. Since this was not done by Trial Court, therefore, learned Revisional Court was justified in interfering with Trial Court’s order and remanding the matter back to the Trial Court for reconsidering the temporary injunction application. 6. Thus there is no scope for interference in the matter. The writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 10.07.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8 c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35D C4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.07.10 19:43:28 +05'30' 2025:UHC:5972