HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 862 of 2010 (M/S) Mahendra Kumar Sharma. ………..Petitioner Versus District Judge, Udham Singh Nagar And others. …….Respondents Shri Anant Kumar Agarwal, Advocate for the petitioner. 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 petitioner seeking a writ of mandamus directing the District Judge, Udham Singh Nagar to entertain the appeal of the plaintiff/ petitioner filed by him against the order dated 29.05.2010 passed by the Civil Judge (Sr. Div.), Kashipur, during summer vacations. Briefly stated that the petitioner filed the Civil Suit No. 60 of 2007 ‘Mahendra Kumar Sharma vs. Abdul Hameed and another’ before the Court of Civil Judge (Sr. Div.), Udham Singh Nagar. Alongwith the suit, the petitioner also moved an application for grant of interim injunction restraining the defendant from alienating the land in dispute. The said suit was lateron transferred to the Court of Civil Judge (Sr. Div.), Kashipur for disposal. During the pendency of suit, the defendant Abdul Hameed died and the respondent nos. 2 to 4, being his legal representatives were substituted in his place. The respondent no. 5 was also impleaded in the suit. In the matter, the respondent filed their objection and after hearing the parties, the learned Trial Court vide order dated 29.05.2010 rejected the interim injunction 2 application of the petitioner. It is stated in the petition that the Civil Courts in District Udham Singh Nagar are closed due to summer vacations, hence the petitioner, after obtaining certified copy of the order, preferred appeal against the order dated 29.05.2010 before the District Judge, Udham Singh Nagar alongwith an application under Rule 13 of G.R. (Civil), but the learned District Judge refused to entertain the appeal due to summer vacations. Hence this petition. Learned counsel for the petitioner 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 petitioner, 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 petitioner filed by him 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: