IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 902 of 2009 (M/S) Smt. Aruna Tyagi …Petitioner Versus Smt. Sabiya and another ….Respondent Shri Siddhartha Sah, learned counsel for the petitioner. Shri Lalit Tiwari, Advocate holding brief of Shri Dharmesh Kumar, learned counsel for the respondent. Dated: 28 April, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present writ petition has been filed by the petitioner for quashing the entire proceedings of Original suit No. 55/2008 Smt. Sabiya Vs. Muntzir Ali pending in the Court of Addiitonal Judge Family Court, Roorkee District Haridwar and also for quashing the order dated 12.03.2008 passed by Additional Judge, Family Court, Roorkee District Haridwar by which temporary injuction was granted in favour of the plaintiff/respondent no. 1. Original suit no. 55 of 2008 was instituted by the respondent no. 1 seeking permanent injuction against respondent no. 2. Same is pending. Learned counsel for the petitioner submitted that the respondent no. 2 filed objection to the temporary injuctuion application stating therein that the property in question was sold to the petitioner before the filing of the Suit. Learned counsel for the petitioner argued that in view of this fact the Additional Judge Family Court, Roorkee District Haridwar has no jurisdiction to entertain the suit. Shri Lalit Tiwari, learned counsel for the respondent no. 1 raised preliminary objection and stated that the writ p etition filed by the petitioner is not maintainable as the petitioner is not a party in the Original Suit No. 55/2008. He further submitted that if petitioner is aggrieved, he should file impleadment application and should also move an application for dismissal of suit on the ground of maintainability. This court is satisfied with the arguments of learned counsel for the respondent no. 1. The writ petition is dismissed with an observation that in case petitioner moves any application of impleadment, same shall be considered by the Additional Judge Family Court, Roorkee District Haridwar in Original Suit no. 55/2008 expeditiously. It will also be open for the petitioner to move application before the Additional Family Court, Roorkee District Haridwar regarding the maintainability of suit. Stay application (CLMA No. 4928/2008) also stands disposed of. (V.K. Bist, J.) 28.4.2010 Arpan