2025:UHC:8753

Reserved on 25.09.2025 Delivered on 26.09.2025

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Appeal from Order No. 253 of 2025

(Under Order 43 Rule 1(r) of the Civil Procedure Code, 1908)

Beena Sah & Others .………..Appellants

Versus

Deepa Sah and Others ….….Respondents ----------------------------------------------------------------------

Presence:-

Mr. P.C. Maulakehi along with Mr. Kartikey Maulakhi, learned

counsel for the appellant.

Mr. Piyush Garg, learned counsel for respondent nos. 1 to 3.

No representation for respondent nos. 4 to 7.

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Hon’ble Mr. Alok Mahra, J.

Present appeal has been preferred against

the judgment and order dated 25.06.2025 passed by the learned Civil Judge (Senior Division), Nainital in Civil Suit No. 55 of 2023 “Deepa Shah and Others vs. Dr. Gangadhar Prasad Shah & Others”. By the said order, the learned trial court partly allowed the application for temporary injunction (Paper No. 52- Ga) filed by respondent nos. 1 to 3/plaintiffs in a partition suit and restrained the appellant, who is one of the four co-sharers of the suit property, from running and advertising car parking in the tennis c