Usha Gupta And Another vs Nagar Nigam Dehradun And Others

Pankaj Purohit, J

This writ petition under Article 227 of the Constitution of India has been filed by petitioner-plaintiff for a direction to respondents-defendants neither to encroach upon the property of petitioner-plaintiff nor to create any third party interest in the property in dispute, mentioned at Schedule A and Schedule B, details of which have been given in the plaint.

Learned counsel for petitioner-plaintiff submits that an Original Suit No.430 of 2025 Parvez Alam Vs. Javed Ali and Others, has been filed by petitioner-plaintiff for permanent injunction against respondents-defendants before learned Civil Judge (Sr. Div.), Roorkee, District Haridwar, on 08.12.2025. Along with the said Original Suit, an application under Order 39 Rule 1 and 2 read with Section 151 CPC has also been filed for temporary injunction and ad interim injunction was also prayed. But the learned Trial Court has been pleased to issue notices to respondents-defendants on the suit as well as on the temporary injunction application calling written statement and objections from the respondents/ defendants. In substance, the prayer for ex-parte ad interim injunction was refused by the learned trial court.

It is further contended by learned counsel for petitioner-plaintiff that respondent-defendant No.4 put in appearance before the learned Trial Court on 23.10.2025, while respondent-defendant Nos.1 to 3 and 5 did not appear as the summons were not served upon them. Learned Trial Court directed the petitioner-plaintiff to take steps upon respondent-defendant Nos.1 to 3 and 5 afresh.

Learned counsel for petitioner-plaintiff further submits that present writ petition has been filed by the petitioner-plaintiff on the premise that till the application under Order 39 Rule 1 and 2 read with Section 151 CPC is decided, respondents-defendants may sell out the property in dispute or may create any third party interest in the land subject matter of suit.

I have heard learned counsel for the petitioner and perused the entire material available on record. This Court is afraid if this Court under Article 227 of the Constitution of India can pass such an order exercising its supervisory jurisdiction and direct the learned trial court to decide temporary injunction application before the respondents/defendants are served and filed their objections to the temporary injunction application. The jurisdiction vested with the learned trial court to decide the temporary injunction application shall not be usurped by this court ordinarily. In such view of the matter, the prayer made by learned counsel for petitioner-plaintiff in the present writ petition cannot be granted.

Accordingly, the present writ petition fails and is dismissed in-limine.

Pending application(s), if any, stands disposed of.