SHIVANAND PANDEY Vs. RAJENDRA KUMAR PANDEY
HIGH COURT OF UTTARAKHAND
Rajendra Kumar Pandey
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HONBLE B.S.VERMA, J. -
(1.) BY means of this writ peition, the petitioner has sought a writ
in the nature of certiorari quashing the order impugned dated 20 -12 -20 12
passed by the District Judge, Udham Singh Nagar, in Civil Revision No. 68
of 2012, whereby the revision was disposed of at the admission stage
without hearing the defendant -petitioner in the revision.
(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the respondent -plaintiff filed a suit for permanent
injunction against the petitioner -defendant. During the pendency of the
suit, a temporary injunction application had also been filed, which was
pending for disposal and against which the petitioner filed objection
under Order 39, Rule 4 C.P.C. Thereafter an application was moved before
the trial Court by the plaintiff -respondent to hear the temporary
injunction urgently and pass proper order.
(3.) ON the application of the plaintiff, the trial Court passed an order on 19 -12 -2012 to put up the application for disposal on the date
fixed. Aggrieved by the said order, the plaintiff preferred a revision
before the District Judge, Udham Singh Nagar.
The revisional Court without issuing notice to the defendant -petitioner disposed of the revision on the first date and also
passed an interim order that till the disposal of temporary injunction
application (paper no. 6 -C2), the defendant is restrained from selling
out or to change the nature of the property in suit vide order20 -12 -2012,
which gave rise to the present writ petition.;
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