High CourtsSingle Bench

Radha Devi vs Nagar Palika Parishad, Nainital

Uttarakhand High Court · Decided on 21 October 2024 · Citation: (2024) 10 UK CK 0104

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Order 39 Rule 1, Order 39 Rule 2
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 2870 Of 2024 (M/S)
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Judgment

7 paragraphs · 202 words

Pankaj Purohit, J

1.

An Original Suit No.63 of 2024 was filed by the petitioner against Nagar Palika Parishad, Nainital for permanent injunction restraining them to evict the petitioner from the property in question, alongwith the original suit an application under Order 39 Rule 1 & 2 of C.P.C. has also been filed and petitioner prayed for grant of ex-parte injunction. The said prayer has been refused and learned trial court has been pleased to issue notice to respondent-Nagar Palika Parishad for filing objection on the application for temporary injunction.

2.

Heard learned counsel for the parties.

3.

It is submitted by learned counsel for the petitioner that today is the date fixed on the said application and till today no objection has been filed, as per information, against the application under Order 39 Rule 1 & 2 of C.P.C.

4.

The suit was filed on 14.10.2024 and respondent/defendant shall file objection to the said application without unnecessary delay within a period of one week from today.

5.

Learned trial court is directed to decide the application of the petitioner expeditiously within a week from the date of receipt of objection without unnecessary delay.

6.

Accordingly, the writ petition is disposed of.