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2026 DAILYLAW 3721 (UTT)

SAMSHAD v. MUMTAZ FAISAL MALIK

WPMS/1002/2026 · 2026-04-23

Rakesh Thapliyal

Original Suitbody2026

Judgment text

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2026:UHC:3076 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.1002 of 2026 Hon’ble Rakesh Thapliyal, J. Mr. Sagar Kothari, learned counsel for the petitioner. 2. The petitioner is not pressing relief no.(i) and now pressing relief no.(ii) which reads as under:- “(ii) Issue an appropriate order or direction, directing the court of learned Civil Judge (Senior Division), Vikasnagar, Dehradun to conclude and decide the temporary injunction application in Original Suit No. 77 of 2026 "Shri Mumtaz Faisal Malik V/s Smt Shri Mohd. Hasim and another" as expeditiously as possible or within the time period stipulated by this Hon'ble Court which this Hon'ble Court deem fit and proper in the present circumstances of the case and till the adjudication of the said application, the defendant/ respondent be restrained from maintain status quo, or creating third party interest property.” 3. The brief facts of the case, are that, an Original Suit No.77 of 2026 was filed by the petitioner, title as “Samshad vs. Mumtaz Faisal Malik and Others” for permanent injunction, wherein an application was moved for temporary injunction i.e. application no.6C2 and on the first day of the hearing, the defendants put appearance through 2026:UHC:3076 caveat and sought time to file objection to the 6C2 application. Thereafter, the defendants filed the objections to the temporary injunction application as well as an application under Order 7 Rule 11 of C.P.C. on 18.02.2026 and now the next date is 06.05.2026. 4. It is argued by the learned counsel for the petitioner that the defendants respondents herein raising the construction over the suit property, therefore, there is an urgent need to expedite the application moved for temporary injunction. Certain photographs have also been enclosed. 5. The relief as sought for i.e. relief no.(ii) appears to be innocuous. 6. In such view of the matter, the instant writ petition is disposed of finally with the direction to the concerned court to decide the application of the defendants respondents moved under Order 7 Rule 11 C.P.C. and then decide the 6C2 application, if it so requires after disposal of the application moved under Order 7 Rule 11 C.P.C. 7. Since, now, the next date is 06.05.2026, this Court hope that the trial court will expedite the application moved 2026:UHC:3076 under Order 7 Rule 11 C.P.C. on the date fixed without granting any unnecessary adjournments and then proceed to decide the 6C2 application within two weeks thereafter. (Rakesh Thapliyal, J.) 23.04.2026 Shiv/Pant