HIGH COURT OF UTTARAKHAND
YOGENDRA PAL SINGH – Appellant
Versus
MONU GUPTA – Respondent
AO 292 / 2025
Office Notes,
reports, orders or proceedings
SL.
Date or directions COURT’S OR JUDGE’S ORDERS
No.
and Registrar’s
order with Signatures
A.O. No.292 of 2025
Hon’ble Alok Mahra, J.
Mr. Dileep Chandra Mathor,
Advocate for the appellants.
2. This Appeal under Order 43 Rule 1 (r) C.P.C. has been filed against the order dated 28.05.2025 passed by learned Civil Judge (Senior Division), Roorkee, District Haridwar in Original Suit No. 204 of 2025. By the said order, learned trial Court issued notice to the respondent on temporary injunction application filed by appellants fixing
11.07.2025.
3. According to the appellants, they filed a suit for permanent injunction against the respondent, in which an application for temporary injunction was also filed; that on 28.05.2025, notices were issued to the respondent on the temporary injunction application and the respondent was asked to file his objection till 11.07.2025; that on 11.07.2025, since summons sent to the defendant were not received, therefore, the date fixed for disposal of 6C2 application was fixed as 28.07.2025; that the respondent was served with the summons and he also put in appearance and filed W.S. on 29.07.2025 and the next date fixed in the matter was 05.08.2025; that appellants filed an application under Order 8 Rule 1 read with Section 151 C.P.C., alleging that the respondent is forcefully trying to dispossess the appellants and the matter needs urgent hearing and requested that
application for temporary injunction be disposed of at the earliest; that learned trial Court heard the matter on 05.08.2025 and next date fixed in the matter is 27.08.2025.
4. Learned counsel for the appellant submits that it is mandate of the Statute that application for temporary injunction should be decided within 30 days.
5. Be that as it may, since the next date fixed in the matter is 27.08.2025 and taking into account the urgency canvassed by learned counsel for the appellants, the Appeal from Order is disposed of by requesting the learned trial Court to decide the temporary injunction applications (Paper Nos.6C2 and 15C2) filed by the appellants on the next date fixed i.e. on 27.08.2025 itself.
(Alok Mahra, J.)
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