HIGH COURT OF UTTARAKHAND
Rakesh Thapliyal, J
REENA MISHRA – Appellant
Versus
EXECUTIVE OFFICER NAGAR NIGAM DEHRADUN – Respondent
WPMS No. 1402 of 2026 | O.S. No. 127 of 2026
| Table of Content |
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| 1. petitioner seeks judicial review of a trial court's refusal to grant an interim injunction against demolition. (Para 3 , 4) |
| 2. the court finds it appropriate to expedite the lower court's decision on interim relief to prevent immediate harm. (Para 5 , 6) |
| 3. interim protection is granted contingent upon the expedited disposal of the application by the civil court. (Para 7 , 8) |
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 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.
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