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2026 DAILYLAW 8415 (UTT)

SURAJ PAL v. STATE OF UTTARAKHAND

WPMS/2139/2026 · 2026-07-20

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010123472026 2026:UHC:6061 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2139/2026 Suraj Pal --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Manoj Kumar Tiwari, J 1. Mohd. Umar, learned counsel for the petitioner. 2. Mr. V.D. Bisen, learned Additional C.S.C. for the State of Uttarakhand. 3. Ms. Anjali Bhargava, learned counsel for respondent no. 23. 4. In a partition suit filed by petitioner, learned trial court granted ex-parte temporary injunction in favour of petitioner on 09.05.2025. That ex-parte injunction order was vacated by learned trial court vide order dated 21.04.2026, due to non-compliance of provision contained in Rule 3 of Order 39 CPC. Petitioner challenged the order passed by trial court on 21.04.2026 in a revision petition. His revision petition has been dismissed by Board of Revenue vide judgment dated 11.06.2026. 5. This Court do not find any reason to UKHC010123472026 2026:UHC:6061 interfere in the matter. Compliance of provision contained in Rule 3 Order 39 CPC is mandatory. The writ petition is, however, disposed of with a request to court concerned to consider petitioner’s application for temporary injunction, as per law, within four months from the date of presentation of certified copy of this order. (Manoj Kumar Tiwari, J) 20.07.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.20 07:06:29 -07'00'