Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4884 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1767/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Bhupendra Singh, Advocate for the petitioners through video conferencing.
2. Petitioners are defendant in a suit for partition filed by respondent No. 1. In that suit, order of temporary injunction was passed by learned Civil Judge (Senior Division), Haldwani, Nainital, whereby petitioner was restrained from creating third party interest qua the suit property vide order dated 18.08.2025. Petitioner preferred appeal against the said order, which has been dismissed.
3. Feeling aggrieved by order passed by trial Court as affirmed by appellate Court, petitioner has approached this Court.
4. This Court is not inclined to interfere with the impugned orders, as they are discretionary in nature and intended to preserve the suit property.
5.
Learned counsel for the petitioner then submits that in para 9 of the order passed by trial Court, a finding has been recorded which will affect the merits of the case.
2026:UHC:4884
6. The apprehension expressed by learned counsel is unfounded. While disposing of application for temporary injunction, any observation made therein only expresses prima facie opinion of the Court concerned.
7. The writ petition is, therefore, disposed of by providing that observation made in the
order passed by trial Court will not affect adjudication of the case on merit and the case shall be finally decided based on evidence,
(Manoj Kumar Tiwari, J.) 15.06.2026 Mahinder/