IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL A. O. No. 145 of 2008 Taj Hussain and others …… Appellants Versus Vivek Agarwal and another …….. Respondents ………. Mr. Sharad Sharma, Advocate for the appellants. Mr. Arvind Vashistha, Advocate for the respondents. Hon’ble V.K. GUPTA, C. J. By the impugned order, the learned Trial Court has declined to grant Interim Injunction in favour of the petitioners. Feeling aggrieved, the petitioners have challenged this order in the present appeal. After hearing the learned counsel for the parties and upon perusal of the impugned order, I find that some serious contested issues relating to vital facts were before the Trial Court. The original owner of the property Lala Sri Ram Mittal had executed a will in the year 1969 and he had died in 1970. The wife of Lala Sri Ram Mittal had obtained a probate of this will in 1970 from Bombay High Court. The defendants in the suit claimed their title based upon a sale deed executed in favour of defendant no. 2 by defendant no. 1 on the force of three Power of Attorneys allegedly executed in his favour by the three sons of Lala Sri Ram Mittal because in the meanwhile his wife had died. As against the aforesaid, the petitioners- plaintiffs claimed to have purchased the property in question from the successors of Sudarshan Arora, who in turn claimed the title thereto based upon a will executed by Lala Sri Ram Mittal in 1978. What could have been the relevance, force and operation of such a will was an issue, which did fall for consideration in the Trial Court while considering and disposing of the Temporary Injunction Application. On my part, I do not wish to offer any comment, but do wish to observe that the consideration of such an issue did influence the Trial Court in rejecting the Temporary Injunction Application. 2 On the totality of circumstances, I feel disinclined to interfere. The appeal is dismissed. However, the learned Trial Court shall take steps to ensure expeditious disposal of the suit. (V. K. Gupta, C. J.) 18.11.2008 A