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2026 DAILYLAW 4730 (UTT)

RITA DEVI v. PRAKASH CHAND

WPMS/45/2026 · 2026-01-09

Pankaj Purohit

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:386 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 45 of 2026 09 January, 2026 Rita Devi & others --Petitioners Versus Prakash Chand & others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Arun Pratap Shah, learned counsel for the petitioners/plaintiffs. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. By means of the present writ petition, the petitioner has sought a direction for allowing the ad interim temporary injunction application (6C2) in O.S. No. 292 of 2025. 2. The petitioners/plaintiffs filed O.S. No. 292 of 2025 for a perpetual injunction against the respondents/defendants in respect of property comprised in Plot No. 403-B of joint Khatauni Khata No. 130, admeasuring 0.1165 hectares, situated at Village Badwa, Tehsil Vikas Nagar, District Dehradun. The original suit was filed on 01.12.2025 before the learned trial court. In the said suit, an application for temporary injunction (6C2) was also filed, along with an application seeking an ex parte ad interim injunction. 3. The learned trial court, after considering the submissions made by learned counsel for the 2026:UHC:386 2 petitioners/plaintiffs, did not find it appropriate to grant an ex-parte ad interim injunction in favour of the petitioners/plaintiffs. Consequently, the court issued notice to the respondents/defendants on the temporary injunction application, calling for objections and fixing the matter for 08.12.2025. The petitioners/plaintiffs are before this Court, in substance, seeking the grant of an ad interim injunction. 4. This cannot be done, as it would influence the mind of the learned trial court while deciding the temporary injunction application, for which notice has already been issued and a date has been fixed for disposal. Accordingly, under Article 227 of the Constitution of India, this Court declines to interfere in the matter. The writ petition is dismissed in-limine. 5. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 09.01.2026 AK