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Judgment
12 paragraphs · 181 wordsMANOJ K. TIWARI, J. (ORAL)
This petition, under Article 227 of the Constitution of India, has been filed against the order dated 26.10.2016 passed by learned Civil Judge (S.D.),
Dehradun in Original Suit No.617 of 2016, whereby only notice on petitioners’ temporary injunction application was issued, which according to the
petitioner, amounts to refusal to grant ex-parte temporary injunction.
This Court vide order dated 18.11.2016 issued notice to the respondent and also restrained respondent/defendant from creating any third party
interest over the property in question. As per office report dated 12.07.2018 respondent has duly served, however, respondent is not put in
appearance, despite service of notice.
Since petitioners’ temporary injunction application is yet to be decided by learned trial court, therefore, no useful purpose would be served by
keeping this petition pending.
Accordingly, writ petition is disposed of with a request to learned trial court to consider and decide the temporary injunction application of the
petitioners as early as possible. Till disposal of temporary injunction application, interim order dated 18.11.2016 passed by this Court, shall remain
effective.