SL.

No

Date

Office Notes,

reports, orders or

proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

WPMS No. 1581 of 2022

Hon ’ble Man oj Ku m ar Tiw ar i, J.

Heard Mr. Nikhil Singhal, Advocate

for the petitioner.

Respondent no. 1 filed a suit for

permanent

injunction

against

the

petitioner and respondent nos. 2 to 5.

Respondent no. 1 also filed a temporary

injunction application. Learned trial

Court

granted

ex-parte

temporary

injunction vide order dated 30.01.2021,

whereby

defendants

were

restrained

from

encroaching

and

raising

construction over the suit property till

next date of hearing. Thereafter, on

31.05.2022, on an application filed by

the plaintiff (respondent no. 1 herein),

learned trial Court directed the S.H.O.,

Police Station I.S.B.T., Dehradun to

enforce the temporary injunction order

dated

30.01.2021.

Petitioner

has

challenged

the

said

order

dated

31.05.2022.

Learned counsel for the petitioner

submits that in case of disobedience or

breach of an injunction order granted

under Order 39 Rule 1 & 2 C.P.C., the

remedy lies under Order 39 Rule 2-A

C.P.C.

He,

thus,

submits

that

the

direction issued by learned trial Court to

the local police to enforce the temporary

injunction order dated 30.01.2021, is

unsustainable.

This Court finds substance in the

submission

made

on

behalf

of

the

petitioner.

I have gone through the order

dated 31.05.2022 passed by learned trial

Court. Learned trial Court has not

recorded

its

satisfaction

regarding

violation of order of temporary injunction

by the defendant (petitioner herein). It

is thus apparent that direction to the

concerned S.H.O. was issued by learned

trial Court merely on the asking of

plaintiff (respondent no. 1), without

recording its satisfaction as to whether

such direction was at all needed or not.

On this short point alone, the writ

petition is allowed and the impugned

order dated 31.05.2022 is set aside.

Learned counsel for the petitioner

submits that his clients will file objection

to the temporary injunction application

before learned trial Court on or before

16.07.2022.

Learned trial Court is requested to

dispose

of

the

temporary

injunction

application on the next date fixed i.e. on

26.07.2022 or any other day within two

weeks thereafter.

Till

disposal

of

temporary

injunction, parties shall maintain status

quo, qua suit property and petitioner

shall

not

raise

any

construction

thereupon, till disposal of the temporary

injunction application.

( Man oj Ku m ar Tiw ar i, J.)

08.07.2022

Arpan