Uttarakhand High Court
AO/219/2024 of PREM KUMAR SAHU Vs HARJINDER PAL SINGH BANGA on 13 March 2026
UTTARAKHAND AT NAINITAL Appeal From Order No. 219 of 2024 Shri Prem Kumar Sahu ….....Appellant Versus Shri Harjinder Pal Singh Banga and others .….Respondents Present:- Mr. Piyush Garg, Advocate for the appellant. Mr. Jitendra Chaudhary, Advocate for the respondent nos. 3 and 4.
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal From Order No. 219 of 2024
Shri Prem Kumar Sahu
….....Appellant
Versus
Shri Harjinder Pal Singh Banga and others .….Respondents
Present:-
Mr. Piyush Garg, Advocate for the appellant. Mr. Jitendra Chaudhary, Advocate for the respondent nos. 3 and 4. Ms. Zeba Naaz, Advocate, holding brief of Mr. Sidartha Singh, Advocate for the respondent no.7.
Hon’ble Ravindra Maithani, J. (Oral)
Instant appeal is preferred against the order dated 06.03.2024, passed in Original Suit No. 558 of 2023, Shri Prem Kumar Sahu Vs. Shri Harjinder Pal Singh Banga and others (“the suit”) by the court of Civil Judge (Senior Division), Dehradun. By which, an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 seeking temporary injunction filed by the appellant has been dismissed.
2. Heard learned counsel for the parties and perused the record.
3. At the very outset, learned counsel for the appellant submits that instant appeal may be decided in terms of the interim order that has been passed by this Court on 03.06.2024, by which the respondents were restrained to create any third party interest over the suit property.
4. Learned counsels for the respondents are agreeable to it.
2
5. Learned counsel for the respondent nos. 1 and 2 submits that they have submitted a proposal to return the advance money which they received from the appellant so that the property dispute may finally be settled. He submits that the respondent nos. 1 and 2 have also filed Civil Misc. Application No. 3 of 2025 for this purpose. This aspect may not be examined in this appeal. Any offer which the respondent nos. 1 and 2 want to make, they are free to do so at any appropriate forum. Civil Misc. Application No. 3 of 2025 is disposed of accordingly.
6. Since the parties are agreeable that during the pendency of the suit, the respondents shall not create any third party interest, the appeal may be decided accordingly.
7. The respondents shall not create any third party interest on the property in dispute during pendency of the suit. The impugned order is also modified accordingly.
8. The appeal is decided in terms thereof.
(Ravindra Maithani, J.)
13.03.2026 Jitendra