Pushpa George vs Good Shepherd Agriculture Society And Another

Pankaj Purohit, J

This writ petition under Article 227 of the Constitution of India has been filed by petitioners for a direction to respondent No.1 not to change the nature of land and raise any construction over the land in dispute during pendency of the interim injunction application before learned Civil Judge (Senior Division), Dehradun and further to decide the application moved by petitioners under Order 39 Rule 1 and 2 CPC in Original Suit No.555 of 2025 Usha Gupta and Others Vs. Nagar Nigam and others, at an early date.

Learned counsel for petitioners submits that Original Suit No.555 of 2025 Usha Gupta and Others Vs. Nagar Nigam and others, has been filed by petitioners for permanent injunction against respondents before learned Civil Judge (Sr. Div.), Dehradun, on 20.12.2025. Along with the said Original Suit, an application under Order 39 Rule 1 and 2 CPC has also been filed for temporary injunction and ad interim injunction was also prayed in the said suit. But the learned Trial Court has been pleased only to issue notices to respondents on the suit as well as on the Temporary Injunction Application and fixed the date i.e. 12.01.2026.

It is further contended by learned counsel for petitioners that respondent No.1 is trying to raise construction over the land in dispute which belongs to petitioners, without demarcation. He further submits that if respondent No.1 is permitted to raise the construction and to change the nature of land, petitioners will suffer irreparable loss which cannot be compensated by any means.

Learned counsel for petitioners also submits that present writ petition has been filed by the petitioners on the premise that till the application under Order 39 Rule 1 and 2 read with Section 151 CPC is decided, respondents-defendants may raise construction over the land subject matter of suit.

I have heard learned counsel for the petitioner and perused the entire material available on record. This Court is afraid if this Court under Article 227 of the Constitution of India can pass such an order exercising its supervisory jurisdiction, where the notices have been issued to the respondents fixing 12-01-2026 calling upon them to file objection to the temporary injunction application. If the prayer made by the petitioners is granted, it would amount usurping the jurisdiction vested with the learned trial court. The jurisdiction vested with learned trial court to decide the temporary injunction application shall not be usurped by this court ordinarily. In such view of the matter, prayer made by learned counsel for petitioners in the present writ petition cannot be granted. However, this much can be done that learned Trial Court be directed to decide the application 6C2 for temporary injunction expeditiously within stipulated period, after giving opportunity to respondent no.1-Nagar Nigam Dehradun to file objection to the said application.

In view of the above, the present writ petition is disposed of. Respondent no.1-Nagar Nigam Dehradun is directed to file objection to the temporary injunction application under Order 39 Rule 1 and 2 CPC within 15 days and learned Trial Court is directed to decide the temporary injunction application No.6C2 under Order 39 Rule 1 and 2 CPC moved by petitioners within next 15 days positively.

Pending application(s), if any, stands disposed of.