Ms. Swaleha Hussain, Advocate for & Ors. v. Indra Negi, to the extent whereby the learned trial court has declined & Ors.
Case at a glance
- Bench
- PANKA
- Neutral citation
- 2025:UHC:10946
Outcome
Dismissed
The writ petition stands dismissed
Provisions considered
Key paragraphs
- Para 77. Accordingly no case is made out for interfering. The writ petition stands dismissed; however learned trial court i.e., learned Civil Judge (J.D.), Vikasnagar, Dehradun is directed to decide the temporary injunction application No.6C2 of the petitioner-plaintiffs expeditiously. SK (Pankaj Purohit, J.)
Judgment
Ms. Swaleha Hussain, Advocate petitioners.
This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioners-plaintiffs have challenged the order dated
16.04.2025, passed by learned Civil Judge (J.D.), Vikasnagar, Dehradun, in Original Suit No.97 of 2025, Puran Dei and others Vs. Indra Negi and others, to the extent whereby the learned trial court has declined to grant ex parte interim injunction in favour of the petitioners-plaintiffs.
The aforesaid original suit has been filed by the petitioners-plaintiffs for permanent injunction.
Vide order dated 16.04.2025, learned trial court has been pleased to issue notice to the respondents-defendants and at the same time decline to pass ad interim injunction in favour of the petitioners-plaintiffs.
It is feeling aggrieved the petitioners-plaintiffs are before this Court.
I have gone though the impugned order whereby notices were issued, but this Court cannot usurp the right of learned trial court to decide temporary injunction application under Section 39 r/w 1 and 2 of C.P.C. which is pending adjudication. The same shall be decided once the respondent- defendant files his objection to the temporary injunction application.
Operative part
Accordingly no case is made out for interfering. The writ petition stands dismissed; however learned trial court i.e., learned Civil Judge (J.D.), Vikasnagar, Dehradun is directed to decide the temporary injunction application No.6C2 of the petitioner-plaintiffs expeditiously. SK (Pankaj Purohit, J.)
10.12.2025
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition stands dismissed
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Code of Civil Procedure, 1908.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.