Kanwar Pal vs Arpit Saini 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 an order or direction to direct the Respondents/Defendants not to encroach upon the property of the Petitioner/Plaintiff in the property in dispute shown by letter A.B.C.D. having Area 0.0144 Hectare, which has been bounded and butted, In East-Property of Saizan and Rasheeda, In West - Property of Nasheema, In North Property of Usman and Nasheema, In South G.T. Road Situated at khasra No. 88 Kha, Mauja-Bhagwanpur, Mustkam Pargana and Tehsil Bhagwanpur, District-Haridwar.

(II) Issue an order or direction to the learned Trial Court/Civil Judge (J.D.), Roorkee, District-Haridwar to consider and decide the Application of the Petitioner/Plaintiff under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 within a stipulated period.

(III) Issue any other and further order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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

Heard Mr. M.S. Bhandari, learned counsel for the petitioner.

During the arguments, Mr. M.S. Bhandari, Advocate, appearing for the petitioner submitted on instructions that the petitioner wants to press only prayer no.(II).

The prayer no. (II) is an innocuous prayer.

In the facts and circumstances of the case, the present Writ Petition (WPMS No.283 of 2026) is disposed of directing the Court of Civil Judge (Junior Division), Roorkee, District Haridwar to consider and decide the Application, filed for temporary injunction in Original Suit No.120 of 2025, within three weeks from the date of production of certified copy of this order.

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