The High Court of Uttarakhand held that the lower Civil Judge erred in refusing protection to the petitioner from dispossession. The Court directed parties to maintain status quo on the land and house pending disposal of the interim application.
Petitioner directed to maintain status quo on land and house pending disposal of interim application.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) 2413 of 2021
Smt. Sahana Parveen
.......….......Petitioner
-versus-
Sri Narendra Kumar Sharma and another
……...Respondents
Date of hearing and Judgement : 18.11.2021
Advocates appeared in the case:-
For Appellant : Ms. Prabha Naithani, learned counsel for the petitioner
For Respondents :
Sri S.K.Mishra, J.
1. Heard Ms. Prabha Naithani, learned counsel for the petitioner.
2. In view of the order of this Court proposes to pass, no notice is required to be sent to the respondents.
3. In this writ application, the petitioner is has prayed for issuance of an appropriate direction for setting aside the order dated 12.10.2021 (annexure-3) passed by the learned Civil Judge (S/D), Vikas Nagar, Dehradun in Original Suit No. 120 of 2021 (Sahana Parveen vs. Narendra Kumar Sharma and another), whereby the learned Civil Judge (S/D), has refused to grant an ex parte interim injunction in favour of the
petitioner. The petitioner has further prayed that appropriate directions may be issued for maintaining status quo with respect to the property in question, during pendency of the interim injunction application arising out of the aforesaid Original Suit.
4. In view of the order, this Court proposes to pass, it is not expedient to issue notice to the opposite parties at this stage.
5. It is apparent from the record that the petitioner is a lady, whose husband at present resides in Delhi because of medical exigency and the land is recorded in the name her father-in-law, but as per report of the Lekhpal, the petitioner is in possession of the land in question and her house is standing thereon. It is also the case of the petitioner that the respondents are trying to dispossess her by using force taking advantage of her residing alone in that house.
6. In that view of this matter, this Court is of the opinion that the learned Civil Judge(S/D), Vikas Nagar, Dehradun has committed error on record by not giving an order of protection to the petitioner and the property in her possession.
7. In that view of the matter, this Court directs that the parties shall maintain status quo as on today with respect to the land in question and the house standing thereon, till the disposal of the interim application filed under Order 39 Rule 1 & 2 read with
Section 151 of the C.P.C., by the learned Civil Judge (S/D).
8. The petitioner shall file a certified copy of this order before the learned Civil Judge (S/D) on 23rd of November, 2021. On such an event, the learned Civil Judge (S/D) shall advance the case and pass an appropriate order and file shall also be taken for hearing of the application for temporary injunction and disposal after affording reasonable opportunities of hearing and producing documents to the petitioner and respondents, by passing speaking and reasoned orders within 30 days from that date.
9. The writ petition is disposed of accordingly.
10. There shall be no order as to the costs.
11. Urgent certified copy of this order be granted to the petitioner today itself on proper application.
(S.K.Mishra) Judge
KKS
2 issues framed by the court
Whether the lower court erred in refusing protection to a female petitioner facing dispossession attempts.
Whether directions are necessary to maintain status quo pending the disposal of an interim injunction application.
1 provisions across 1 enactments
Smt. Sahana Parveen
Sri Narendra Kumar Sharma
S.K.Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
