Rakam Singh And Others vs Dhoom Singh And Others

Pankaj Purohit, J

Petitioner has filed this writ petition for a direction to the Civil Judge (Sr. Div.), Roorkee, District Haridwar to decide the temporary injunction application of the petitioner filed under Order 39, Rule 1 & 2 and Section 151 of C.P.C. within a stipulated period.

Heard learned counsel for the petitioners.

An Original Suit No.302 of 2024 Rakam Singh & others vs. Dhoom Singh & others is filed by the petitioners/plaintiffs for permanent injunction for restraining the respondents/defendants to interfere in the peaceful possession of the petitioners/plaintiffs. Certain photographs have been annexed by the petitioners/plaintiffs on the record of the writ petition showing that some construction is being raised by the respondents/defendants over the suit property, which according to the petitioners/plaintiffs belongs to the petitioners as it falls in their share as per the family settlement.

Vide order dated 24.09.2024 petitioners/plaintiffs were directed to supply the complete order sheet of the original suit in order to ascertain as to why the application under Order 39, Rule 1 & 2 read with Section 151 of C.P.C is not being considered by learned trial court.

Today, the complete order sheet is annexed by learned counsel for the petitioners/plaintiffs on record by filing a supplementary affidavit. From the perusal of the order sheet, it transpires that the case of is being adjourned by the respondents for one reason and the other and on the other hand they are raising construction fast over the property in question rendering the original suit infructuous.

In this view of the matter, the writ petition is allowed. Learned Civil Judge (Sr. Div.), Roorkee, District Haridwar is directed to decide the temporary injunction application of the petitioner filed under Order 39, Rule 1 & 2 and Section 151 of C.P.C. expeditiously not later than 15 days from today without giving any further adjournment to the respondents/defendants.