HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 397/2010 (M/S) Pramod Jeet Deol. …Petitioner. Versus Smt. Santosh Deol and others. …Respondents. Shri Pawan Mishra, Advocate for the petitioner. Dated: March 30, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the petitioner and perused the record. 2. Present petition has been filed by the petitioner challenging the part of the order dated 10.03.2010 passed by Civil Judge (Jr. Div.), Dehradun in Original Suit No. 84 of 2010 ‘Pramod Jeet Deol vs. Smt. Santosh Deol and others’ whereby the learned Trial Court while taking into consideration application of the petitioner (paper no. 6c- 2) for interim injunction issued notices to the respondents on the application fixing 27.03.2010 and observed that on perusal of the material available on record prima-facie, it is necessary to hear the respondents. 3. Counsel for the petitioner submitted that the petitioner instituted Original Suit No. 84 of 2010 ‘Pramod Jeet Deol vs. Smt. Santosh Deol and others’ before the Trial Court for declaration of his ownership of 1/4th share in the undivided property in dispute and also for permanent injunction against the respondents. Alongwith memo of the suit, the petitioner also moved an application (paper no. 6c-2) for grant of temporary injunction 2 supported by an affidavit (paper no. 7c-2) on the same day, in which the petitioner prayed for restraining the respondents from interfering in his peaceful possession over the property in question. 4. While considering the aforesaid applications moved by the petitioner in the above O.S. No. 84/2010, on 10.03.2010, the Trial Court passed an order mentioning therein that before passing any interim order, hearing to the other side is necessary. Accordingly, the Trial Court issued notices to the respondent/ defendants fixing 27.03.2010 for objection/ disposal of application paper no. 6c-2. 5. Aggrieved with the order passed by the Trial Court, the petitioner has filed instant petition. This petition was listed on 25th March, 2010. Since 27.03.2010 was already fixed before the Court below, on the request made by the learned counsel for the petitioner this Court fixed 29.03.2010 in the writ petition and learned counsel for the petitioner was orally directed to inform this Court about the order passed by the learned Trial Court on 27.03.2010 on his application paper no. 6c-2. Today Sri Pawan Mishra, the learned counsel for the petitioner informed the Court that again on 27.03.2010 no order was passed by the learned Civil Judge (Sr. Div.), Dehradun on his temporary injunction application bearing no. 6c-2 but the Trial Court has again fixed 06.04.2010 for hearing on the said application. 6. Learned counsel for the petitioner argued that, in case, the respondents are permitted to sell the property in question and dispossess the petitioner from his share over 3 the property in question, the very purpose of filing the suit shall be frustrated. 7. Having heard the learned counsel for the petitioner and after careful consideration of the material available on record, the Civil Judge (Jr. Div.), Dehradun is directed to decide the application (paper no. 6c-2) moved by the petitioner on the next date fixed i.e. on 06.04.2010. 8. With this direction, the writ petition is finally disposed of. No order as to costs. 9. Stay application (CLMA No. 1811/10) also stands disposed of. 10. Let certified copy of this order be supplied to the learned counsel for the petitioner today itself on payment of usual charges. (V.K. Bist, J.) 30.03.2010 NCM: