Uttarakhand High Court
WPMS/831/2008 of UTTAM SINGH Vs DHARMENDRA SINGH AND OTHERS on 26 December 2008
COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 831 of 2008 (M/S) Uttam Singh …….. Petitioner Versus Dharmendra Singh & others …….. Respondents ……… Mr. Sharad Sharma, Advocate for the petitioner. Mr. I.P. Kohli, Advocate for the respondent
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 831 of 2008 (M/S)
Uttam Singh …….. Petitioner Versus Dharmendra Singh & others …….. Respondents ………
Mr. Sharad Sharma, Advocate for the petitioner. Mr. I.P. Kohli, Advocate for the respondent no. 1.
Hon’ble V.K. GUPTA, C.J.
As per office noting, respondents 2 and 3 have been served, but despite service, no one appears on their behalf.
Heard Mr. Sharad Sharma, the learned counsel appearing for the petitioner and Mr. I.P.Kohli, learned counsel appearing for respondent no. 1.
In the facts and circumstance of the case, I feel that the learned Trial Court ought to have passed an order in the nature of an ex parte ad interim injunction directing the parties to the suit to maintain status quo with respect to further alienation or further transfer or further creating of any third party interest in the property in question. The learned Trial Court, however has not done so.
This petition is allowed. The impugned order is modified to the extent that until disposal of the Temporary Injunction Application, there shall be an ad interim injunction to the effect that the parties to the suit shall maintain status quo with respect to further alienation, further transfer of further creation of any third party interest in the property in question. It is also directed that the Temporary Injunction Application shall be disposed of very very expeditiously on merits and in accordance with law totally uninfluenced by this order or the directions contained herein.
(V.K. Gupta, C.J.) 26.12.2008