Advocates:
['JYOTI PRAKASH', 'S BHATT', 'C S C', 'D C S RAWAT']

WPMS No. 2759 of 2011

Hon’ble Sharad Kumar Sharma, J.

Mr. Sanjay Bhatt, Advocate for the petitioner.

Mr. Akshay Latwal, Brief Holder for the State

of Uttarakhand/respondent nos.1 and 2.

Mr. D. C. S. Rawat, Advocate for respondent

no.3.

The petitioner before this Court is a plaintiff in

a suit for permanent injunction being Civil Suit No. 7

of 2011, Dhyan Pal Singh vs. State of Uttarakhand

and others. The said suit, accompanied with it an

application Paper No. 5Ga filed by the plaintiff under

Order 39 Rule 1 and 2, which was objected by the

defendant /respondent herein by filing an objection

under Order 39 Rule 4 being Paper No.22Ga and

27Ga. The Court of Civil Judge (Junior Division),

Pauri Garhwal, on considering the application under

Order 39 Rule 1 and 2, had passed an injunction order

on 25.04.2011.

Being aggrieved against the said temporary

injunction order granted by the learned Trial Court,

the

defendant/respondent

had

preferred

a

Miscellaneous Civil Appeal No.7 of 2011, Smt.

Maheshwari Devi vs. Dhyanpal Singh and others,

before the Court of Additional District Judge/Fast

Track Court, Pauri Garhwal, invoking provisions

contained under Order