Ajeet Kumar vs Neerja Dhankar And Others

Alok Kumar Verma, J

The present Writ Petition has been filed under Article 227 of the Constitution of India with the following prayers :-

“(I) Issue a writ, order or direction commanding and directing the respondent no. 2, 3 and 4 to not to further alienate the suit property in question and not to create any third party interest on the suit property till the disposal of the Original Suit No. 533 of 2025 "Ajeet Kumar Vs. Smt. Neerja Dhankar and others" (Annexure No.6).

(II) Issue a writ, order or direction commanding and directing the court of learned Civil Judge (Senior Division) Dehradun to decide the Temporary Injunction Application filed alongwith the Original Suit No. 533 of 2025 "Ajeet Kumar Vs. Smt. Neerja Dhankar and others" (Annexure No.6) preferably on the date already fixed i.e 28-02-2026.

(III) Issue any other writ, order or direction which the Hon'ble Court may deem fit and proper in the circumstances in nature of justice and equity.

(IV) Award the cost of the petition to the petitioner.”

Heard Mr. Ashish Joshi, learned counsel for the petitioner-plaintiff.

During the course of arguments, Mr. Ashish Joshi, Advocate, submitted on instructions that the petitioner wants to press only prayer no. (II).

Mr. Ashish Joshi, Advocate, submitted that an Application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 was filed by the respondents-defendants. The said Application has already been dismissed.

The present Writ Petition (WPMS No. 373 of 2026) is disposed of with a request to the concerned Civil Judge to endeavor to decide the Application, filed by the petitioner-plaintiff for temporary injunction, on the date fixed i.e. 28.02.2026 and if the said Application is not decided on 28.02.2026 due to any cogent reason, then the concerned Civil Judge shall decide the said Application as early as possible but not later than one week thereafter.

It is made clear that this Court has not expressed any opinion on the merit of the case.