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Judgment
Manoj K. Tiwari, J
This is plaintiff’s petition seeking a direction to the learned trial court to decide the temporary injunction application. Â
Petitioner filed a suit for permanent injunction, which was registered as Civil Suit No. 3 of 2018 in the court of Civil Judge (S.D.), Nainital. Since
no order was passed on his temporary injunction application, therefore, petitioner approached this Court by filing WPMS No. 502 of 2018, which was
disposed of with request to learned trial court to hear and decide the temporary injunction application on the next date fixed i.e. 05.03.2018 or any
other date within a week thereafter.Â
Learned trial court thereafter passed an order on 12.03.2018 directing the parties to maintain status quo till the next date fixed. However,
temporary injunction application was not disposed of.
In the present writ petition, it is the contention of the petitioner that since the Presiding Officer of the court concerned is not available and the in-
charge Civil Judge (S.D.), Nainital is not hearing the temporary injunction application, therefore, a direction may be issued to in-charge Civil Judge
(S.D.), Nainital to take decision on petitioner’s temporary injunction application.
In such view of the matter, the writ petition is disposed of with request to the in-charge Civil Judge (S.D.), Nainital to dispose of the temporary
injunction application on the next date fixed i.e. 28.05.2018 or any other date within ten days thereafter.