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UKHC010203842025
2026:UHC:6615 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/3551/2025
Shubhra Mahant --Petitioner Versus Mukesh Sharma and others --Respondents
Hon’ble Manoj Kumar Tiwari, J. Mr. Sagar Kothari, Advocate for the petitioner. Mr. Amar Murti Shukla, Advocate for the respondents.
2. By means of this petition, filed under Article 227 of the Constitution, petitioner sought a direction for setting aside the order dated 12.12.2025, passed by learned Civil Judge (Senior Division), Dehradun, in OS No. 530 of 2025. By said order, petitioner, who is plaintiff in the suit was asked to serve notice of the Temporary Injunction Application upon the defendants. Coordinate Bench of this Court passed an interim order on 22.12.2025 to the following effect:
“12. Having heard the learned counsel for parties and having perused the record and in the background on the peculiar facts of the case, this Court is of the view that till the application under Order 39 Rule 1 & 2 CPC is decided, respondents-defendants shall not create any third party interest in respect of the property in-question.”
UKHC010203842025
2026:UHC:6615
3. Mr. Amar Murti Shukla, learned counsel appearing for respondents-defendants submits that his clients will file objection to the Temporary Injunction Application positively within one week.
4. The order passed by learned Civil Judge is as per Order 39 Rule 3 CPC. Thus the same cannot be faulted. However, having regard to the facts of the case, the petition is disposed of with a request to Trial Court to consider and dispose of the temporary injunction application filed by petitioner on 13.08.2026.. If it is not possible to do so on that date, then the application shall be considered on any date within ten days thereafter.
5. Protection given by this Court vide order dated 22.12.2025 shall continue to operate only till 21.08.2026. It is, however, made clear that this Court has not considered petitioner’s case on merit and the trial court shall decide the temporary injunction application independently, untrammelled by any observation made in this order.
(Manoj Kumar Tiwari, J.) 29.07.2026 Mahinder
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a9 2d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D30 5B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.07.31 11:04:47 +05'30'
UKHC010203842025
2026:UHC:6615