HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 863 of 2010 (M/S) Rameshwar Prasad and another. ………..Petitioners Versus District Judge, Udham Singh Nagar And others. …….Respondents Shri Anant Kumar Agarwal, Advocate for the petitioners. Shri R.C. Arya, Brief Holder for the State. Dated: June 14, 2010 Hon’ble V.K. Bist, J. Heard the learned counsel for the parties. This petition has been filed by the petitioners seeking a writ of mandamus directing the District Judge, Udham Singh Nagar to entertain the appeal of the plaintiff/ petitioners against the order dated 25.05.2010 passed by the Civil Judge (Jr. Div.), Kashipur, during summer vacations. Briefly stated that the petitioners filed the Civil Suit No. 107 of 2010 ‘Rameshwar Prasad and another vs. Satish Singhal and others’ before the Court of Civil Judge (Jr. Div.), Kashipur. Alongwith the suit, the petitioners also moved an application for grant of interim injunction restraining the defendant/respondent nos. 2 to 5 from interfering in possession of the plaintiff/petitioners over plot no. 42 situated in village Dhanauri Patti, Tehsil Kashipur, District Udham Singh Ngar. The Trial Court vide order dated 27.04.2010 granted an ex-parte injunction in favour of the petitioners. In the said suit, notices were issued to the defendants and the respondent filed their objection and after hearing the parties, the learned Trial Court vide order dated 25.05.2010 rejected the interim injunction application of the petitioners. It is 2 stated in the petition that the Civil Courts in District Udham Singh Nagar are closed due to summer vacations, hence the petitioners, after obtaining certified copy of the order, preferred appeal against the order dated 25.05.2010 before the District Judge, Udham Singh Nagar alongwith an application under Rule 13 of General Rule (Civil), but the learned District Judge refused to entertain the appeal due to summer vacations. Hence this petition. Learned counsel for the petitioners submitted that Rule 13 G.R. (Civil) empowers a Civil Court to do work even on a holiday and a Civil Court can pass order in the urgent matters during vacations. He submitted that since the matter relates to the grant of prohibitory injunction and an urgent order is required for protection of the interests of the petitioners, therefore, the learned District Judge ought to have entertained the appeal. Having heard the learned counsel for the parties and after examining the record, this Court thinks it fit and proper to direct the District Judge, Udham Singh to entertain the application of the petitioners filed by them under Rule 13 of General Rule Civil and decide the same in accordance with law without further delay. With this direction the writ petition is finally disposed of. (V.K. Bist, J.) 14.06.2010 NCM: