PREM LAL v. EXECUTIVE OFFICER NAGAR PALIKA RUDRAPRAYAG
WPMS/2306/2026 · 2026-08-03
Manoj Kumar Tiwari
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9293 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9293 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
UKHC010134242026
2026:UHC:6766 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2306/2026
Prem Lal & Others --Petitioners Versus Executive Officer & Others --Respondents
Hon’ble Manoj Kumar Tiwari, J.
Mr. B.S. Koranga, Advocate, for the petitioners.
Mr. Yogesh Pandey, Deputy AG, for the State.
(2) Petitioners filed a suit for permanent injunction, in which they also filed an application seeking temporary injunction. Application for temporary injunction was rejected by the Trial Court. Petitioners challenged Trial Court’s order by filing appeal under Order 43 Rule 1(r) CPC. Their appeal has also been dismissed by Appellate Court. Thus feeling aggrieved, petitioners have approached this Court challenging Trial Court’s order, as affirmed by the Appellate Court.
(3) This Court does not find any reason to interfere in the matter, as the Trial Court has returned a finding that petitioners could not make out a prima facie case for grant of temporary injunction. Finding returned by the Trial Court is based on material on record. Law is well settled that grant of temporary injunction is discretionary and learned Trial Court has given valid reasons for not exercising the discretion in favour of petitioners. Appellate
UKHC010134242026
2026:UHC:6766 Court has also considered the matter in detail and has given valid reasons for not interfering with the order of Trial Court.
(4) Since grant of temporary injunction is discretionary, therefore, this Court do not find any reason to interfere with the concurrent finding of fact returned by both the Courts below. Writ petition is, therefore, dismissed.
(Manoj Kumar Tiwari, J.)
3.8.2026 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957 BE53, cn=PRABODH KUMAR Date: 2026.08.03 18:24:02 +05'30'