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Sudhir Kumar And Another vs Makhan Singh And Others

Uttarakhand High Court · Decided on 15 April 2026 · Citation: (2026) 04 UK CK 1668

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Writ Petiton No. 865 Of 2026 (M/S)
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Judgment

10 paragraphs · 347 words

Alok Kumar Verma, J

1.

This writ petition under Article 227 of the Constitution of India has been filed by the petitioners- defendants with the following prayers :-

"(i) Issue a order or direction to the lower civil court i.e. the Court of Learned Civil Judge (J.D.) Jaspur Tehsil Jaspur District Udham Singh Nagar to the effect that firstly he shall decide finally the temporary injunction application (T.I. Application/ 6C2) pending in Civil Suit No. 27 of 2025 "Makhan Singh & others Vs Sudhir Kumar & others" on the next date of hearing or any other subsequent date within a stipulated period of one month and thereafter secondly further also be pleased to direct the lower civil court to decide the civil suit no. 27 of 2025 "Makhan Singh & others Vs. Sudhir Kumar & others" pending before him expeditiously as early as possible within a stipulated period of six months thereafter.

(ii) Issue any other order or direction which this Hon'ble court may deem fit and proper in the facts and circumstances of the case.

(iii) Award Cost of the petition to the petitioners."

2.

Heard Mr. Jitendra Chaudhary, learned counsel for the petitioners.

3.

On 08.04.2026, Mr. Jitendra Chaudhary, Advocate sought time to get instructions from the petitioners.

4.

Today, Mr. Jitendra Chaudhary, Advocate submitted that an ad-interim injunction was granted to the respondents-plaintiffs. The temporary injunction application is still pending. He has requested on instructions from the petitioners to dispose of the present writ petition, directing the trial court to decide the temporary injunction application at the earliest.

5.

In the facts and circumstances of the case, the present writ petition is disposed of directing the learned trial court to decide the temporary injunction application, filed in Original Suit No.27 of 2025, "Makhan Singh & Others vs. Sudhir Kumar and Others", as expeditiously as possible, as per law, but not later than four weeks' from the date of production of certified copy of this order.

6.

It is made clear that this Court has not expressed any opinion on the merit of the case.