Uttarakhand High Court
AO/279/2026 of BALBIR SINGH Vs KHUSHPAL SINGH on 29 July 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures UKHC010130682026 2026:UHC:6535 COURT’S OR JUDGE’S ORDERS AO/279/2026 Balbir Singh --Appellant Versus Khushpal Singh and others --Respondents Hon'ble Rakesh Thapliyal, J. Mr.
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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
UKHC010130682026
2026:UHC:6535 COURT’S OR JUDGE’S ORDERS
AO/279/2026 Balbir Singh
--Appellant Versus Khushpal Singh and others
--Respondents
Hon'ble Rakesh Thapliyal, J.
Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. Suryakant Maithani, learned counsel for the appellant.
2. The instant appeal is preferred by the appellant/plaintiff under Order XLIII Rule 1(r) of Code of Civil Procedure (for short CPC) against the order dated 02.07.2026 passed by learned Civil Judge (Senior Division), Uttarkashi in Original Suit No.09 of 2026 titled as Balbir Singh vs. Khushpal Singh and others whereby the application moved by the appellant/plaintiff under Order 39 Rule 1(2) of CPC has been rejected.
3. It is argued by learned counsel for the appellant that a suit was filed for seeking mandatory and prohibitory injunction against the respondents/defendants wherein an application was moved under Order 39 Rule 1(2) of CPC for seeking temporary injunction however the same has been rejected.
4. Mr. Rajendra Dobhal, learned Senior Counsel make an innocuous prayer that since the suit is pending, therefore, the trial court be directed to expedite the suit within the stipulated time since the present appellant is senior citizen of 73 years of age, therefore, in order to secure the suit property, the parties may be directed to maintain status quo by not creating any third party interest till the disposal of the suit.
5. In such view of the matter, since an innocuous prayer is made by learned counsel for the appellant, the instant appeal is disposed of finally by directing the learned Civil Judge (Senior Division), Uttarkashi to expedite the proceeding of Original Suit No.09 of 2026 Balbir Singh vs. Khushpal Singh and others, as expeditiously as possible, preferably within one year from the date of production of certified copy of this order.
6. It is made clear that till the suit is decided or expedited by the trial court, the parties to the suit shall maintain status quo to the suit property and will not create any third party interest and will also not change the nature of the suit property.
(Rakesh Thapliyal, J.) 29.07.2026 Arti