Nawabudin Alias Nabab Ali And Others vs Hidayat Ali And Others

Pankaj Purohit, J

This writ petition has been filed by the petitioners for a direction to the learned Assistant Collector, I Class, Vikasnagar, Dehradun to decide the application for temporary injunction moved by the petitioner in the Revenue Suit No.83 of 2022-23.

It is submitted by learned counsel for the petitioners that the said revenue suit for partition was filed by the petitioners in the court of learned Assistant Collector, Ist Class, Vikasnagar, Dehradun on 23.06.2023 and petitioners also moved an application for temporary injunction in the said suit.

Vide order dated 23.06.2023, the trial court granted ex-parte temporary injunction to the plaintiff. Feeling aggrieved by the grant of ex-parte temporary injunction dated 23.06.2023, the respondents-defendants filed a revision petition before the Board of Revenue, which was registered as Revision No.73 of 2022-23.

The said revision petition was allowed by the Board of Revenue and the matter was remanded back to the trial court and the trial court was directed to hear both the parties before passing any temporary injunction vide order dated 28.12.2023. Now grievance of the petitioner is that despite remand of the case, temporary injunction application is still pending consideration.

Now the petitioner is before this Court for a direction to the respondent as stated above to expedite hearing of the interim relief application, which is pending consideration since long.

In view of the facts stated hereinabove, the writ petition is disposed-off. The learned Assistant Collector, Ist Class, Vikasnagar, Dehradun is directed to decide the temporary injunction application moved by the petitioner-plaintiff in light of the order passed by Revisional Court, expeditiously, within a period of one month from today.