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2026:UHC:2278

I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

01^ST APRI L, 2026

WRI T PETI TON NO.589 of 2026 ( M/ S)

Shri Virendra Chand ..…Petitioner

Versus

Smt. Neelam Devi .…Respondent

Counsel for the Petitioner : Mr. Jai Krishna Pandey, Advocate.

Hon’ble Alok Kum ar Verm a,J.

This writ petition has been filed by the

petitioner-plaintiff under Article 227 of the Constitution

of India with the following prayers :-

“(I) To issue a writ, order or direction in the nature of certiorari for quashing, in part, the order dated 19.02.2026, to the extent that the learned Trial Court failed to grant an ex parte temporary injunction in favour of the plaintiff and

merely issued notice to the defendant;

(II) To issue a writ, order or direction in the nature of mandamus directing the learned Trial Court to decide the Temporary Injunction Application at the earliest, within such time- bound period as may be fixed by this Hon’ble

Court;

(III) To issue a writ, order or direction in the

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2026:UHC:2278 nature of mandamus restraining the respondent from executing any sale deed or agreement in respect of the property in question in favour of any third party and from raising any construction over the property in question, pending disposal of the Temporary Injunction Application by the

learned Trial Court.

(IV) Any other relief which this Hon’ble Court may deem fit and proper, may kindly be awarded in favour of the petitioner and against the

respondents.”

2. Heard Mr. Jai Krishna Pandey, learned counsel

for the petitioner.

3. On 27.03.2026, Mr. Jai Krishna Pandey,

Advocate sought two days’ time to get instructions.

4. Today, Mr. Jai Krishna Pandey, Advocate has submitted on instructions, received from the petitioner, that the petitioner wants to press the prayer number

(II) only.

5. Mr. Jai Krishna Pandey, Advocate has requested to decide the present writ petition with a direction to the learned Civil Judge (Junior Division), Rishikesh, District Dehradun to decide the temporary injunction application, filed by the petitioner-plaintiff, aged about 80 years, in Original Suit No.16 of 2026,

within four weeks.

6. Having heard, the learned trial court is

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2026:UHC:2278 directed to decide the temporary injunction application, filed by the petitioner-plaintiff in Original Suit No.16 of 2026, “Shri Virendra Chand vs. Smt. Neelam Devi”, as expeditiously as possible, as per law, but not later than four weeks’ from the date of production of the certified

copy of this order.

7. The present Writ Petition No.589 of 2026

(M/S) is disposed of accordingly.

8. It is made clear that this Court has not

expressed any opinion on the merit of the case.

___________________ ALOK KUMAR VERMA, J.

Date: 01.04.2026

JKJ/Pant

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