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2026 DAILYLAW 3564 (UTT)

KANWAR SINGH v. SEWARAM

WPMS/1007/2026 · 2026-04-22

Rakesh Thapliyal

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:2971 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 1007 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Siddhartha Singh, learned counsel for the petitioners. 2. Brief facts of the case are that a suit bearing O.S. No. 87 of 2026 ‘Kanwar Singh and others vs. Sewaram and others’ was preferred by the petitioners in the court of Civil Judge (J.D.), Roorkee, Haridwar for perpetual injunction impleading all the respondents as defendants with this contention that the defendant herein first encroach over the Chak Road as well as Nali and then making an attempt to encroach over the land owned by the plaintiffs. Certain photographs along with sajra map and the khatonis have been enclosed from which it reveals that in between the land of the plaintiff and the defendants there was Nali with Chak Road. Photographs reveals that there is an encroachment over the Nali and Chak Road and Pillars are standing over there. 3. It is argued that all these documents were placed before the Trial Court but the Trial Court simply issued notice to the defendants and there is regular threat and apprehension that respondents/defendants may encroach over the land owned by the plaintiffs. 4. It is argued that the 6C application is pending before the Trial Court. 5. Admittedly, 6C application is pending before the Trial Court and there is an apprehension of encroachment over the land of the plaintiff as evident from the photographs and atleast Trial Court should pass an order of status quo till the disposal of 6-C application but only the notices have been issued. 6. In such view of the matter, the instant writ petition is disposed of finally with the direction to the Trial Court to decide 6C application positively within two weeks from the date of production of certified copy of this order. 7. In the meantime, the parties are directed to maintain the status quo till the disposal of 6-C application. (Rakesh Thapliyal, J.) 22.04.2026 PR 2026:UHC:2971