IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 9 of 2009 (M/S) Sri Ishwar Das S/o Late Sri Hanuman Das …... Petitioner Versus Ashok Kandwal and others ….. Respondents Mr. Alok Singh, Senior Advocate for the petitioner. Mr. V.K. Kaparwan, Advocate for the respondents. Hon’ble J.C.S. Rawat, J. Mr. Alok Singh, Senior Advocate for the petitioner. Mr. V.K. Kaparwan, Advocate for the respondents. 2. This writ petition has been field u/s Article 226/227 of the Constitution of India by the petitioner for seeking the following reliefs:- “(a) To issue a writ, order or direction in the nature of certiorari quashing the impugned judgment / order dated 10/12/2008 passed by the learned District Judge, Tehri Garhwal in Misc. Civil Appeal No. 25 of 2008 “Sunil Kandwal Vs. Sri Ishwari Das”, (Annexure no.1 to the petition) and to dismiss the appeal being not maintainable. (b) To pass such order which this Hon’ble Court deems fit in the facts and circumstances of the case. 3. Both the parties have agreed to decide the matter on the following terms :- 1. An application for seeking the temporary injunction pending before the trial court, i.e. 8C be disposed of expeditiously preferably within 30 days’ from the date of the receipt of the order and the record from the court of the District Judge. 2. The District Judge will immediately sent the record by Special Messenger to the Court concerned within two days from the receipt of the order. 3. The parties shall maintain status quo at the spot till the application for injunction is disposed of by the trial court. After disposal by the trial court, the order of the trial court would prevail and the order of the status quo would automatically stand vacated. 4. No order as to costs. 5. The petition is disposed of accordingly. (J.C.S. Rawat, J.) 03.03.2009 Shiv