Ashok Kumar Agarwal And Four Others vs Vatsal Agarwal And Others

S.K. Mishra, J

Heard Mr. Mukesh Kaparwan, learned counsel for the petitioner and Mr. Lalit Belwal, learned counsel for the respondents.

This writ petition has been filed on the ground that the leaned Civil Judge (S/D), Nainital, District Nainital in Civil Suit No. 64 of 2021, Ashok Kumar Agarwal and others vs. Vatsal Agarwal and others, refused to grant ad-interim temporary injunction before issuance of notice.

It is admitted that the matter is pending before the learned Civil Judge, Senior Division, Nainital, District Nainital and is posted to 9th November, 2021 for hearing on Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908. Hence, we direct that till the disposal of the application for interim injunction, both the parties shall maintain the status quo as regard to the possession and the nature of the property.

We further direct that the learned Civil Judge (S/D), Nainital will hear the matter on the next date of listing or within 15 days therefrom and dispose it of strictly in accordance with law. Learned Trial Judge shall not be influenced by the order passed by us in this writ application.

With the above direction, the writ petition is disposed of.

There shall be no order as to the costs.

Urgent certified copy of this order be granted on proper application.