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Judgment
7 paragraphs · 366 wordsVivek Bharti Sharma, J
By means of present writ petition, petitioners seek the following reliefs:-
(i) To quash in part the order dated 08.02.2024 (ANNEXURE NO. 3) passed by learned Civil Judge (Sr. Div.), Vikasnagar, Dehradun in O.S. No. 18 of 2024 "Gaurav Goyal & Anr. V/s Ashok Goyal & Ors." to the extent whereby, the learned Senior Civil Judge, Ramnagar, District Nainital failed to grant ex-parte injunction in favour of the Petitioners/Plaintiffs and has merely issued notices for hearing on the same and to quash all further orders passed in the suit by means of which the temporary injunction application filed by the Petitioners/Plaintiffs could not be decided.
(ii) To direct the learned Civil Judge (Sr. Div.), Vikasnagar, Dehradun to allow the temporary injunction application filed by the Petitioners in O.S. No. 18 of 2024 "Gaurav Goyal & Anr. V / s Ashok Goyal & Ors.", or in the alternative be pleased to direct the Trial Court to decide the temporary injunction application expeditiously within the time bound period as may be fixed by this Hon'ble Court and be pleased to restrain the Respondents from encroaching and from raising any construction over the property in question till disposal of the temporary injunction application by the learned Trial Court.
Learned counsel for the petitioners confines his prayer to the extent that a direction be issued to the Trial Court to decide the temporary injunction application filed by the petitioners expeditiously within a time bound period and till disposal of temporary injunction parties be restrained from creating third party interest over the property in question.
Learned counsel for respondent no.20 would submit that he has no objection to the above submission.
In view of the submission made by learned counsel for the petitioners and purely in the interest of justice, this writ petition is disposed of with a direction to the Trial Court to decide the temporary injunction application filed by the petitioners under Order 39 Rule 1 and 2 of CPC within one month from the date of receipt of a copy of this order. Till then, parties are directed not to create any third party interest in the property in question.