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UKHC010119122026
2026:UHC:5697 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2070/2026
Bhupendra Singh
--Petitioner Versus Parmanand & Another
--Respondents
Hon’ble Manoj Kumar Tiwari, J.
Mr. Ashish Joshi and Mr. Pankaj Kumar Sharma, Counsel for the petitioner.
Mr. Lalit Miglani, Advocate, for the Nagar Nigam. (2) By means of this writ petition, petitioner has sought the following reliefs:
“I. Issue a writ, order or direction directing the respondents to maintain status quo regarding the possession of the shop in question till the disposal of the petitioner’s application under Order XXXIX Rules 1 and 2 CPC pending in Original Suit No. 145 of 2026 before the Court of Civil Judge (Junior Division), Roorkee District Haridwar.
II. Issue an appropriate order or direction to the court of learned Civil Judge (Junior Division), Roorkee District Haridwar to decide the application under Order XXXIX Rules 1 and 2 CPC in Original Suit No. 145 of 2026 within stipulated time period as may deem fit and proper by this Hon’ble Court.” (3) According to petitioner, he filed a suit for permanent injunction along with an application seeking temporary injunction, however learned Trial Court merely issued notice on the temporary injunction application and did not grant any protection to him. Learned Counsel for the petitioner submits that next date fixed before the Trial Court is 14.7.2026 and petitioner’s possession over the shop in question be
UKHC010119122026
2026:UHC:5697 protected till then. (4) This Court is not inclined to grant such relief. Since petitioner has approached the Trial Court, therefore, his application for temporary injunction shall be considered by the Court concerned. (5)
Learned Counsel for the Nagar Nigam submits that petitioner is a trespasser, as the person in whose favour tenancy was given by Nagar Nigam has unauthorisedly transferred the possession of the shop in question to petitioner. (6) This Court is not inclined to go into the merits of the case at this stage. However, having regard to the facts of the case, writ petition is disposed of with request to the Court concerned to make endeavour to decide petitioner’s temporary injunction application as early as possible.
(Manoj Kumar Tiwari, J.)
13.7.2026 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e6 1af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB5 88052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.07.13 17:09:00 +05'30'
UKHC010119122026
2026:UHC:5697