HIGH COURT OF UTTARAKHAND
REENA MISHRA – Appellant
Versus
EXECUTIVE OFFICER NAGAR NIGAM DEHRADUN – Respondent
WPMS 1402 / 2026
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SL. Office Notes,
No. Date reports,
orders or COURT’S OR JUDGE’S ORDERS
proceedings
or directions
and
Registrar’s
order with
Signatures
WPMS No. 1402 of 2026
Hon'ble Rakesh Thapliyal, J.
1. Ms. Stuti Pandey, learned counsel for the
petitioner.
2. Mr. Ashish Joshi, learned counsel for the
respondents.
3. By the instant petition has been preferred
by the petitioner for the following reliefs:-
(i) a suitable writ order or direction quashing the
impugned part of order dated 08.05.2026 (Annexure no.6
page no. 37 to page no. 39) passed by the learned Civil
Judge (Junior Division) Dehradun on the application
numbered 6C2 filed by the Petitioner for interim injunction
in O.S. No. 127 of 2026, “ Smt. Reena Mishra vs. Executive
Officer Nagar Nigam Dehradun and others” whereby the
learned Civil Judge, (J.D) Dehradun has declined to pass ad
interim injunction in favour of the plaintiff/petitioner.
(ii) a suitable writ, order or direction directing the
respondents, their sub ordinate officer, employee, not to
demolish the house of the petitioner and not to take forcible
possession of the property of the petitioner described in the
bottom of the plaint of suit nor become cause of the same
till final decision on ad-interim injunction application on
merit passed by the Learned Trial Court.”
4. Admittedly, there is no dispute that the
petitioner is the plaintiff in civil suit wherein
6C2 application has been moved.
5. In such view of the matter, since there is
an apprehension of a demolition of the structure
which the petitioner has raised pursuant to the
##PAGE2##impugned notice, this Court is of the view that
let 6C2 application moved by the petitioner in
the pending suit be expedited and till then the
demolition pursuant to the impugned notice
may not take place.
6. Mr. Ashish Joshi, also fairly suggest that
let the civil court be directed to decide the 6C2
application as early as possible after giving
opportunity to the Municipal Corporation also
and till then they will not proceed with the
demolition.
7. In such view of the matter, particularly
on submissions as advanced by Mr. Ashish Joshi
the instant writ petition is disposed of finally
with the direction to the concerned civil court to
decide pending 6C2 application as early as
possible preferably within three weeks from
today and till the disposal of 6C2 application the
demolition pursuant to the impugned notice
shall not take place.
8. The petitioner shall supply copy of the
plaint to the office of the Municipal
Corporation by tomorrow positively.
(Rakesh Thapliyal, J.)
21.05.2026
Nahid
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