IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1700 of 2009 (M/S) [ Major Didar Singh Smaddar (Retd.) S/o late Sri Ram Narain Singh C/o Sri K.L. Khanduja, 14-B, National Road, Luxman Chowk, Dehradun, Uttarakhand. ...…………. Petitioner Versus 1. Smt. Aruna Kapur W/o late Lt. Col. D.K. Kapur, 80, Basant Avenue, Amritsar, Punjab. 2. Sri Kishore Kumar Naithani (Ex. Sergeant) S/o Late Shri Leela Chand Naithani Sudama Hardware Sales, Haridwar Road, Near Rispna Bridge, Dehradun, Uttarakhand. 3. The Sainik Co-operative Housing Society Ltd. Defence Colony, Dehradun, Uttarakhand. ...………… Respondents Mr. D. Barthwal, Advocate for the petitioner. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioner. 2) By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the order dated 29.08.2009, passed by Addl. District Judge / I F.T.C., Dehradun, in Misc. Civil Appeal No. 112 of 2008, whereby said court has 2 affirmed the order dated 26.07.2008, passed by the trial court [II Addl. Civil Judge (Senior Division), Dehradun], in Original Suit No. 566 of 2005, affirming the rejection of the temporary injunction Application, moved by the plaintiff (present petitioner). 3) Brief facts of the case are that the petitioner (plaintiff) got executed unregistered agreement of sale on 22.02.1991 in his favour, from the then owner Lt. Col. D.K. Kapur of the property (Plot No. D-15, Sector 1, Mauja Shahnagar, Pargana Central Doon, District Dehradun). Said person died in the year 1993. Admittedly, no sale deed was got executed, nor any suit was instituted for specific performance of contract, within time. It appears that defendant No. 1 Aruna Kapur, who inherited the property, executed registered sale deed in the year 2004, in favour of defendant No. 2 Kishore Kumar Naithani. In the year 2005, the petitioner instituted Suit No. 566 of 2005, against the defendants for declaration and injunction in respect of property (Plot No. D-15, Sector 1, Mauja Shahnagar, Parana Central Doon, District Dehradun). In said suit, an Application 6-C for temporary injunction was moved, which was rejected vide impugned order dated 26.07.2008, passed by the trial court [II Addl. Civil Judge (Senior Division) Dehradun]. Aggrieved by said order the plaintiff (petitioner) filed Misc. Civil Appeal No. 112 of 2008 before the appellate court. The appellate court (Addl. District Judge / I F.T.C., 3 Dehradun), after hearing the parties, dismissed the appeal. Hence, this petition. 4) Admittedly, the petitioner has no title over the property in suit as he simply claims his possession on the basis of an unregistered agreement executed in the year 1991. The title admittedly remained with Lt. Col. D.K. Kapur. On his death, in the year 1993, property was inherited by his widow Aruna Kapur (defendant No. 1). She transferred the property in suit to defendant No. 2 in the year 2004, through a registered sale deed. In the circumstances, there was no prima facie case in favour of the plaintiff. In the opinion of this Court, neither the trial court nor the appellate court has committed any error of law, in rejecting the application for temporary injunction moved by the plaintiff, and affirming the same in appeal. 5) For the reasons as discussed above, this writ petition the devoid of merits and liable to be dismissed, in limine. The writ petition is dismissed in limine with the observation that the trial court may expedite the hearing of the suit. (Interim Relief Application No. 8631 of 2009 also stands disposed of). [ (Prafulla C. Pant, J.) [ Dt. October 08, 2009. H. Negi