The High Court of Uttarakhand dismissed the writ petition, holding that an application under Section 151 CPC was not maintainable as the main proceeding under Order 39 Rule 2-A had been withdrawn by the petitioner. The interim order, if any, is vacated.
Writ petition dismissed; interim order, if any, vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 614 of 2006(M/S)
Narayan Dutt Joshi ………Petitioner versus Khilpati Singh & others . …Respondents
Mr. Ravi Babulkar, Advocate, present for the petitioner. None is present for the respondents.
Hon’ble Sharad Kumar Sharma, J. (Oral)
The petitioner is a plaintiff in Suit No. 4 of 1994 filed by him for a permanent injunction against the defendants/respondents. In the said Suit for permanent injunction the plaintiff has filed an application for the grant of temporary injunction under Order 39 Rule 1/2. The application filed by the petitioner was rejected by the learned trial court vide order dated 10.12.1997. Being aggrieved of the said order the petitioner has preferred a Misc. Appeal under invoking Order 43 Rule 1(r), seeking for an injunction during the pendency of the Suit. The said application was allowed by the appellate order dated 25.11.1998 when despite of the injunction order there was an interference the petitioner had to move an application under Order 39 Rule 2-A, which was registered as Misc. Case No. 18 of 1999.
2
25.11.1998 is concerned as passed by the appellate court in the misc. appeal under Order 43 Rule 1(r).
(Sharad Kumar Sharma, J.)
25.07.2017
Nahid
3
4
1 issue framed by the court
Whether an application under Section 151 CPC is maintainable when the main proceeding under Order 39 Rule 2-A has been withdrawn.
2 provisions across 1 enactments
Narayan Dutt Joshi
Khilpati Singh & others
Sharad Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
