IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 809 of 2008 (M/S) Smt. Babita, W/o Sri Madhu Prakash Joshi, D/o Late Ashok Kumar Gupta and others. ……Petitioners Versus Manorama Vajyaopee, W/o Late Vaibhav Kumar Vajpayee, R/o Village Fatehpur Herbertpur, Tehsil Vikasnagar, District Dehradun. ...Respondents. Sri Sharad Sharma, learned counsel for the petitioners. Sri. D.S. Mehta, Advocate holding brief of Sri M.C. Pant, learned counsel for the respondents. Date:- 10th December, 2008. Hon’ble Sudhanshu Dhulia, J. Heard Sri Sharad Sharma, learned counsel for the petitioners and Sri D.S. Mehta, Advocate holding brief of Sri M.C. Pant, learned counsel for the respondents. The present writ petition has been filed by the petitioners with the following prayers:- (I) Issue a writ, order or direction in the nature of certiorari quashing part of the order impugned order dated 23-4-2008 passed by Civil Judge (S.D.), District Dehradun annexed as annexure No. 5 to the writ petition, so far it declines to grant exparte injunction. (II) Issue an appropriate direction to the court of Civil Judge (S.D), Dehradun to allow the petitioners’ injunction application Paper No. 6-C-2 filed under Order 39 Rule 1 & 2 of C.P.C. (III) Issue a writ, order or direction, which this Hon’ble Court may deem fit and proper under the circumstances of the case. (IV) Award the cost of the petition. On 14-5-2008, this Court has granted an interim order in favour of the petitioners, which is as follows:- “Mr. Sharad Sharma, Advocate for the petitioners. Issue notice to the respondents. In the meanwhile, status quo qua the nature and possession of the property in question shall be maintained by the parties.’’ A joint request has been made by both the counsel that considering the nature of the present case, a suitable order be passed directing the court below to dispose of the application of the petitioner filed under Order 39 Rule 1 and 2 of C.P.C. The prayer is innocuous in nature. In the interest of justice, the court below is therefore, directed to decide the application of the petitioner filed under Order 39 Rule 1 & 2 of C.P.C. expeditiously, preferably within a period of two months from the date of production of certified copy of this order. Till the disposal of the aforesaid application of the petitioners by the court below, the interim orders of this court shall remain effective. (Sudhanshu Dhulia, J.) 10.12.2008 M.K.