THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition 1512(M/S) No. of 2006 Roop Singh S/o Bharat Singh, R/o Village Dhandhera Pargana & Tehsil Roorkee, District- Haridwar. ... Petitioner Vs 1. Incharge Civil Judge (Junior Division), Roorkee, District Haridwar. 2. Smt., Santo@ Santi, aged about 72 years, W/o Sri Banwari 3. Surendra aged 35 years. 4. Daleep aged about 32 years. 5. Randeep aged about 27 years. 7. Amit aged about 21 years, Respondents Nos. 3 to 7 are the sons of Sri Paadram. 8. Smt. Chuhdi Devi, aged about 55 years, W/o Sri Paadram. 9. Dara Singh, aged about 45 years S/o Sri Rati Ram. All the residents of Village Dhandhera, Pargana & Tehsil Roorkee, District Haridwar. ......Respondents Sri Tapan Singh learned counsel for the petitioner. Sri Nand Prasad leaned counsel for the respondent No.1. Dated: -28th September 2006 Hon’ble B.S.Verma, J. Heard Sri Tapan Singh, learned counsel for the petitioner and Sri Nand Prasad, learned Standing counsel for the respondent no.1. By way of this writ petition, the petitioner has prayed to issue a writ in the nature of certiorari for quashing the impugned order dated 19-9-2006 passed by the respondent No.1 Incharge Civil Judge (Junior Division), Roorkee, District Haridwar (Annexure No.4 to the writ petition). 2 The learned Civil Judge (J.D.) did not grant any ex-parte injunction in favour of the petitioner and issued notices to the respondent Nos. 2 to 9. Prima facie, learned Civil Judge (J.D.) had fixed the date 10-10-2006 for inviting objection and disposal of the application filed under Order 39 Rule 1 and 2. Having regards to the facts and circumstances of the case, I am not inclined to issue ex-parte injuction in favour of the petitioner. The writ petition is accordingly dismissed. However, the learned Civil Judge (J.D) is directed to decide the application of the petitioner after hearing both the parties preferably within a period of four weeks from the production of the certified copy of the order. (B.S. Verma,J) Date:- 28th September 2006 M.K.