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2026 DAILYLAW 7009 (UTT)

SIDDHANT ARORA v. PREETI KHATTAR

WPMS/1854/2026 · 2026-06-17

Manoj Kumar Tiwari

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

UKHC010105072026 2026:UHC:4968 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1854/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Piyush Garg, Advocate for the petitioners. Mr. Vijay Bhatt, Senior Advocate for respondents. Ms. Devanshi Joshi, Advocate for caveator. 2. Petitioner filed Original Suit No. 137 of 2026 before Civil Judge (Senior Division), Dehradun, seeking cancellation of sale deed, prohibitory injunction and possession. He also filed a temporary injunction application with the said suit. 3. Learned Trial Court granted ex parte temporary injunction in favour of petitioner on 24.03.2026; however, the said order was subsequently vacated vide order dated 25.05.2026. Thereafter, petitioner filed Appeal under Order 43 Rule 1(r) CPC, which was registered as MCA No. 28 of 2026. Said appeal was filed on 29.05.2026 and the next date fixed is 01.07.2026. 4. By means of this writ petition, petitioner has sought the following reliefs: “(ii) To issue a writ, order or direction in the nature of certiorari for quashing in part the order dated 29.05.2026 (ANNEXURE NO. 12) (Page No.224 to225) passed by Learned District Judge, Dehradun in Misc. Civil Appeal No. 28 of 2026, "Sri Siddhant Arora & Anr. V/s Smt. Preeti Khattar & Ors." to the extent Learned UKHC010105072026 2026:UHC:4968 District Judge, Dehradun has failed to grant stay to the petitioners, while admitting the said appeal filed under Order 43 Rule 1(r) CPC. (ii) To issue a writ, order or direction in the nature of mandamus directing the Learned District Judge, Dehradun to decide the stay application filed along with Misc. Civil Appeal No. 28 of 2026, "Sri Siddhant Arora & Anr. V/s Smt. Preeti Khattar & Ors." within the time bound period as may be fixed by this Hon'ble Court and be pleased to restrain the respondents from raising any construction and from selling, transferring, creating any third party interest over the suit property till disposal of the stay application by the Learned District Judge, Dehradun in the said pending Misc. Civil Appeal.” 5. After arguing for a while, learned counsel for petitioner confines his prayer and submits that appellate Court be directed to consider petitioner’s interim relief application filed along with the appeal. 6. Learned counsel for the respondents does not oppose the said prayer made by petitioner’s counsel. 7. The writ petition is, accordingly, disposed of with a request to appellate Court to consider interim relief application filed by petitioner with his Appeal on or before 15.07.2026. 8. Mr. Vijay Bhatt, appearing for respondents assures that his client would file objection, if any, on or before 02.07.2026. (Manoj Kumar Tiwari, J.) 17.06.2026 Mahinder/ UKHC010105072026 2026:UHC:4968