Pushpa Bhatt vs Chandrakala Joshi

Pankaj Purohit, J

Registry has pointed out defect that copy of order dated 20.12.2025 is required. Learned counsel for petitioner submits that the order sheet dated 20.12.2025 had not been signed and unavailable for being placed on record, thus, petitioner was constrained to obtain question and answer note/clarification from learned Trial Court regarding proceedings that had taken place on 20.12.2025. He further submits that the learned Trial Court is presently closed on account of the winter vacation.

Having heard learned counsel for petitioner, this Court is satisfied with the submission made by learned counsel for petitioner. Since, the defect pointed out by the Registry is trivial in nature, therefore, the same is ignored.

Learned counsel for the petitioner at the outset made a request to this Court to not press the prayer No.I to the writ petition, whereby, the order dated 18.01.2024 was prayed to be quashed to the extent of refusal of grant of ex parte temporary injunction in favour of the petitioner-plaintiff and the order dated 20.12.2025, whereby, learned Trial Court failed to grant temporary injunction in favour of the petitioner and merely directed the respondent-defendant to file objections thereto.

The prayer, so made, is granted.

Accordingly, the prayer No.I stands deleted.

The grievance of the petitioner is that the Original Suit No.7 of 2024 Smt. Pushpa Bhatt Vs. Smt. Chandrakala Joshi, was filed by the petitioner-plaintiff on 18.01.2024 before the learned Civil Judge (Sr. Div.), Haldwani, in which an application No.6C for temporary injunction was also moved. The notices were issued to the respondent-defendant on the said temporary injunction application. But despite a lapse of more than one year, no objection has been filed in the temporary injunction application and it is still pending adjudication. The petitioner-plaintiff wants that application to be decided expeditiously.

From perusal of the record, it is reflected that the Original Suit was filed on 18.01.2024 and on the same day, the application was filed for temporary injunction, in which the objection was called. But despite service, no objection has been filed so far. In such view of the matter, the prayer so made by the learned counsel for the petitioner-plaintiff for expeditious disposal of temporary injunction deserves to be granted.

Accordingly, the present writ petition is allowed. Learned Trial Court is hereby directed to decide the application No.6C for temporary injunction filed by petitioner-plaintiff expeditiously within a period of 30 days from the date of production of certified copy of this order, after giving respondent-defendant one more opportunity to file objection to the said application within 15 days.

Pending application(s) stands disposed of.