RAMDAYAL, BHOLA DUTT JOSHI Vs. BISHANDEI CHAUHAN & OTHERS
HIGH COURT OF UTTARAKHAND
Ramdayal, Bhola Dutt Joshi
Bishandei Chauhan And Others
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(1.) Petitioner instituted a suit for permanent injunction with the prayer that defendant no. 1 to 5 be restrained from raising any construction over the property detailed as Schedule Kha in plaint and to maintain status quo and not to interrupt in peaceful possession of the plaintiff/petitioner. He further sought decree for possession of property detailed as Scheduled Kha directing respondents 1 to 5 to demolish the construction, thereafter delivered the possession to the plaintiff/petitioner.
(2.) Since summer vacations were going on in district Dehradun, plaintiff/petitioner filed an application paper no. 3C under Rule 13 General Rules (Civil) supported with an affidavit with the prayer that suit filed by the plaintiff/petitioner be entertained during vacation. Said 2 application under Rule 13 General Rules (Civil) was filed before the Presiding Officer on 13.06.2012. Presiding Officer/Civil Judge (Junior Division), Dehradun found that the ground made in the application was sufficient to entertain the suit in question and allowed the said application.
(3.) Thereafter plaintiff/petitioner was permitted to file suit in vacation. The suit was registered as O. S. No. 331 of 2012, Ramdayal vs Smt. Bishandei Chauhan and others. The Civil Judge (Junior Division), Dehradun also considered the interim injunction application of the plaintiff/petitioner but refused to grant ex-parte interim injunction in favour of the plaintiff/petitioner by observing that without hearing the other side no ex-parte injunction could be granted and issued notice to the defendants/respondents fixing 26.06.2012 for hearing of interim relief application. Since matter was urgent, petitioner moved another application for preponing the date.;
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