Shailendra Mohan Singhal v. Ramesh Prakash Singhal
Case brief
What is this about?
The High Court of Uttarakhand dismissed a writ petition challenging temporary injunction and an appellate order in a suit concerning ancestral property and passage rights. The petitioned was a defendant-declaring petitioner in the underlying suit. The court found no error in the lower courts' decision.
What the court decided
2025:UHC:7965
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 942 of 2025 09 September, 2025
Shailendra Mohan Singhal
--Petitioner
Versus
Ramesh Prakash Singhal
--Respondent
Presence:-
Mr. Vipul Sharma, learned counsel for the petitioner-defendant.
Hon’ble Pankaj Purohit, J.
The present petition under Article 227 of the Constitution of India has been filed by the petitionerdefendant challenging the impugned judgment and order dated 10.08.2023 passed by the learned Civil Judge (Senior Division), Kashipur in Original Suit No. 22 of 2023, Ramendra Prakash Singhal vs. Dr. Shailendra Mohan Singhal , whereby the application filed by the respondent-plaintiff for temporary injunction has been allowed; as well as the judgment and order dated 03.12.2024 passed by the learned 1st Additional District Judge, Kashipur in Misc. Civil Appeal No. 10 of 2023, Shri Shailendra Mohan Singhal vs. Ramendra Prakash Singhal , whereby the appeal preferred by the petitionerdefendant was dismissed, affirming the order of temporary injunction granted by the learned trial court. Feeling aggrieved by the aforesaid orders, the petitionerdefendant has approached this Court.
Issues for consideration
3 issues framed by the court
Whether the High Court can find any illegality or impropriety in the impugned orders granting temporary injunction and dismissing the appeal in a suit regarding ancestral property and passage rights.
Whether the trial and appellate courts committed errors in granting temporary injunction based on a site plan and settlement deed showing common threshold and gate.
Whether the petitioner-defendant is entitled to the writ petition being dismissed in limine.
Parties & counsel
- petitioner
Shailendra Mohan Singhal
- respondent
Ramesh Prakash Singhal
Coram
Pankaj Purohit
Case details
As recorded by the court registry
- Court
- Uttarakhand HC
- Decided on
- · September
- Registered
- Case no.
- WPMS/942/2025
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