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CDJ 2026 Utt HC 029 print Preview print print
Court : High Court of Uttarakhand
Case No : Writ Petiton No. 903 of 2026 (M/S)
Judges: THE HONOURABLE MR. JUSTICE ALOK KUMAR VERMA
Parties : Anoop Singh Saini Versus Rajendra Saini & Another
Appearing Advocates : For the Petitioner: Abhijay Negi, Advocate. For the Respondents: --------
Date of Judgment : 15-04-2026
Head Note :-
Constitution of India - Article 227 -

Comparative Citation:
2026 UHC 2645,
Judgment :-

1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioner- plaintiff with the following prayers :-

          "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 and 2 not to alienate or create any third party interest in the said property (Annexure No.1; Pages No.17 to 20) till the pendency of the Case No.09/2026 pending before the Ld. Civil Judge (Senior Division), Roorkee. (Annexure No.4; Pages No. 43 to 53).

          (ii) Issue a writ. order or direction in the nature of mandamus commanding the Ld. Civil Court to expedite the hearing of the interim injunction application (Annexure No.5; Pages No. 54 to 56) and pass final decision in a time frame that may be fixed by this Hon'ble Court;

          (iii) Pass any other order that this Hon'ble Court may deem fit in the interest of justice, equity and good conscience."

2. Heard Mr. Abhijay Negi, learned counsel for the petitioner-plaintiff.

3. On 10.04.2026, Mr. Abhijay Negi, Advocate sought time to get instructions from the petitioner.

4. Today, Mr. Abhijay Negi, Advocate has requested on instructions from the petitioner to dispose of the present writ petition, directing the learned trial court to decide the temporary injunction application of the petitioner-plaintiff, filed in Original Suit No.09 of 2026, "Anoop Singh Saini vs. Rajendra Saini and Another", on 16.04.2026, the date fixed by the trial court, or at the earliest.

5. Learned trial court has fixed 16.04.2026 for hearing on the temporary injunction application of the petitioner-plaintiff. If, due to any cogent reason, the temporary injunction application is not disposed of on 16.04.2026, the learned trial court shall decide the said application as expeditiously as possible, as per law, but not later than four weeks' from the date of production of certified copy of this order.

6. With the aforesaid direction, the present Writ Petition [No.903 of 2026 (M/S)] is disposed of.

7. It is made clear that this Court has not expressed any opinion on the merit of the case.

8. Let a certified copy of this order be issued to the learned counsel for the petitioner, today itself, on payment of usual charges.

 
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