2025:UHC:6547 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 2217/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Neeraj Garg, Advocate, for the petitioners. Mr. S.K. Nailwal, Standing Counsel, and Mr. D.S. Bora, Standing Counsel, for the State. (2) Petitioners have challenged order dated 18.7.2025, passed by Civil Judge (Sr. Div.), Vikasnagar in O.S. No. 74 of 2025. Perusal of the said order reveals that petitioners filed a suit for permanent injunction restraining the defendants from interfering with their possession over the suit property. (3) In that suit, petitioners filed an application seeking temporary injunction under Order 39 Rule 1 and 2 CPC. Learned Trial Court issued notice on the said application, vide order dated 15.7.2025, fixing 22.7.2025. Three days after issuance of notice on the temporary injunction application, petitioners filed another application under Section 151 CPC on 18.7.2025, seeking a direction to defendants to restore the same position qua possession over the suit property as on the date of institution of the suit. The said application was rejected by learned Trial Court vide order dated 18.7.2025 on the ground that defendants have not appeared as yet in response to the notice of temporary injunction application. Feeling aggrieved by the said order, petitioners have approached this Court. 2025:UHC:6547 (4) Learned State Counsel supports the impugned order by contending that the next date fixed before the Trial Court is 22.7.2025; the application filed by petitioners was misconceived as no new cause of action had arisen and notice was already issued on their temporary injunction application, vide order dated 15.7.2025. (5) This Court do not find any reason to interfere with the impugned order. Learned Trial Court has given valid reasons for not entertaining the aforesaid application. Writ petition thus fails and is dismissed. However petitioners shall be at liberty to file fresh application for appropriate relief, if so advised. (6) Learned Counsel for the petitioners submits that now the next date fixed for disposal of temporary injunction application is 30.7.2025. He further submits that summons issued to defendants to the suit have been duly served, however, they have not filed objection to the temporary injunction application, as yet. (7) Since the next date fixed is 30.7.2025, learned Trial Court is requested to consider temporary injunction application as well as any other application, if filed by petitioners, and pass orders, as per law, uninfluenced by any observation made by this Court, on the next date fixed, provided all the defendants are served. (Manoj Kumar Tiwari, J.) 24.7.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.07.24 15:25:08 +05'30' 2025:UHC:6547