IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Interim Relief Application No. 5102/09 In WRIT PETITION NO. 924 OF 2009 (M/S) Sri Bela Ram Batra son of late Sri Topan Dass, resident of 3/8/1 Prem Nagar, Dehradun through attorney holder Sri Ramesh Kumar Batra son of Sri Bela Ram Batra, resident of 3/8/1 Prem Nagar, Dehradun District Dehradun. ..........Petitioner. Versus Sri Sunil Madan son of late Sri Madan resident of 3/8/1, Prem Nagar, Dehradun District Dehradun. .....Respondent. Sri Jitendra Chaudhary, Advocate, for the petitioner. Sri Alok Singh, Senior Advocate, assisted by Sri Neeraj Garg, Advocate for the respondent. Date: - June 26, 2009 Hon’ble B.S. Verma J. Heard Sri Jitendra Chaudhary, Advocate, for the petitioner and Sri Alok Singh, Senior Advocate, assisted by Sri Neeraj Garg, learned counsel for the respondent. By means of this petition, the petitioner has sought the following reliefs: - (1) This Hon’ble High Court may kindly be pleased to set aside the impugned order dated 8.5.2009 (Annexure -1) and further be pleased to grant interim order of status-quo so that the respondent shall not raise further construction over the property in dispute during the pendency of 6C2 temporary application in the O.S. No. 343 of 2009 before the learned Civil Judge (J.D.) Dehradun. (2) Issue a direction or order to the learned Civil Judge (J.D.) Dehradun that he may decide and dispose off the 6C2 application for temporary injunction pending in O.S. No. 343/2009 Bela Ram Batra Vs. Sunil Madam on the next date fixed in the said matter, i.e. on 28.7.09 by as speaking order. (3) Issue any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. (4) Award cost of the petition to the petitioner. Briefly stated the facts of the present writ petition are that the petitioner filed original suit bearing no. 343 of 2009 for permanent injunction as well as possession. The petitioner-plaintiff has also filed application under Order XXXIX Rule 1 and 2 read with Section 151 of the C.P.C. for temporary injunction during the pendency of suit against the respondent/defendant not to raise further construction. Learned Civil Judge (Senior Division) issued notice to the respondent to file objection and did not grant ex-parte interim injunction to the petitioner. The grievance of the petitioner is that the date fixed by the learned Civil Judge is 28th July 2009 and the defendant is trying to raise construction. During the course of argument, prayer has been made that the temporary injunction application be heard as early as possible. Both the parties are directed to appear before the Civil Judge (Junior Division) on 6th July 2009 and the respondent may file objection against the application. If the application is moved for early hearing by the petitioner, the Civil Judge (Junior Division) is directed to hear the application expeditiously without further delay in the matter. The writ petition is disposed of finally. All the applications stand disposed of accordingly. (B.S. Verma, J.) 26.6.2009 RMY