Secretary Grade I And Another vs Regional Manager

Pankaj Purohit, J

This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioner has sought the following reliefs:-

“(i) Issue an appropriate writ, order or direction under Article 227 of the Constitution of India directing the learned Civil Judge (Junior Division), District Nainital, to expeditiously hear and finally decide the pending application for temporary injunction (Paper No.6-C) in Original Suit No.75 of 2025, preferably within a fixed and reasonable time frame, after deciding the application for interrogatories, and without granting unnecessary adjournments;

(ii) Issue a further direction that the learned trial court shall make all reasonable efforts to ensure that the ad-interim order dated 28.06.2025 does not continue indefinitely without final adjudication of the temporary injunction application in accordance with law;”

An original suit has been filed by the respondent-plaintiff in the court of learned Civil Judge (J.D.), Haldwani, Nainital, which was registered as Original Suit No.75 of 2025, Regional Manager, Uttarakhand State Cooperative Federation Vs. The Secretary, Category 01, Krishi Utpadan Mandi Samiti, Haldwani and another. In the said suit the respondent-plaintiff has moved an application under Order 39 Rules 1 and 2 for injunction and also prayed for ad interim injunction in favour of the respondent-plaintiff.

Learned trial court having been satisfied with prima facie case of the respondent-plaintiff has been pleased to issue notice to the petitioner-defendant on the suit as well as on the temporary injunction application under Order 39 Rules 1 and 2 Paper No.7C and at the same time has been pleased to grant an ad interim injunction in favour of the respondent-plaintiff and has been pleased to restrain the execution of the eviction notice issued to the petitioner-defendant.

The petitioner-defendant has filed its objection to the application for temporary injunction under Order 39 Rules 1 and 2 of C.P.C. on 11.07.2025 and prayed for rejection of the said application moved by the respondent-plaintiff.

An innocuous prayer has been made by counsel for the petitioner in the present writ petition that the temporary injunction application should be decided expeditiously.

The prayer so made is innocuous and if such a prayer is granted no harm will be caused to either of the parties.

Accordingly, writ petition stands disposed-off with a direction to the trial court – learned Civil Judge (J.D.), Haldwani, Nainital – to decide the temporary injunction application under Order 39 Rules 1 and 2 of C.P.C. expeditiously within 30 days from the date of production of certified copy of this order, in accordance with law, after giving opportunity of hearing to both the parties.