IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal from Order No. 87 of 2008 Mohan Lal. .……… Appellant Versus Union of India & others. .……… Respondents Mr. Pankaj Purohit, Advocate for the appellant. Mr. Arvind Vashishth, Asst. Solicitor General for the respondents. Hon’ble V.K. Gupta, C.J. A perusal of the impugned order dated 8th January, 2008 clearly reveals that without the respondents / defendants’ having filed either the written statement in the Suit or reply to the Temporary Injunction Application, the learned trial court declined to grant the temporary injunction to the appellant and proceeded to dismiss the Temporary Injunction Application by discussing the merits of the case, especially the prima facie aspect of the case not having been established by the appellant. This course of action adopted by the learned court below was neither proper nor permissible. In a matter like this, the learned court below ought to have insisted upon the respondents / defendants in filing the written statement as well as the reply to the Temporary Injunction Application. On this ground alone, the impugned order is set aside. Mr. Arvind Vashishth, learned Asst. Solicitor General appearing for the respondents submits that the respondents shall be filing written statement and reply to the Temporary Injunction Application in the trial court in six weeks from today. Time shall not be extended. The learned trial court is directed to consider afresh the Temporary Injunction Application in the light of the averments made in the plaint and the written statement as well as the Temporary Injunction Application and the reply thereto and dispose of the Temporary Injunction Application totally uninfluenced in any manner by the impugned order dated 8th January, 2008. 2 No construction activity shall be carried out by the appellant in or upon the land forming the subject matter of the Suit hereafter. Any construction activity already carried out shall abide by the result of the Temporary Injunction Application and finally the Suit. Till the disposal of the Temporary Injunction Application by the learned trial court, the parties are directed to maintain status quo with respect to any construction activity upon the Suit land. The appeal stands disposed of. (V.K. Gupta, C. J.) 14.07.2008 G