Rekha Sharma & Others vs Arun Kumar Dangwal & Others

Manoj Kumar Tiwari, J

Petitioners are challenging the order dated 03.08.2021 passed by IVth Additional District Judge, Dehradun in Civil Appeal No. 115 of 2016. By the

said order, learned Court below has directed for issuance of notice, before considering the temporary injunction application of the petitioners.

This Court does not find any reason to interfere with the impugned order, as the impugned order is in consonance with settled position of law.

Learned counsel for the petitioners has apprised the Court that next date fixed before the First Appellate Authority i.e. IVth Additional District

Judge, Dehradun is 31.08.2021. Learned counsel for the petitioners assures the Court that his clients will take all necessary steps to ensure that notice,

in respect of temporary injunction application, is served upon the opposite parties, within three days.

Having regard to the facts & circumstances of the case, the writ petition is disposed of with a request to Court concerned to consider

petitioners’ temporary injunction application on the next date fixed i.e. on 31.08.2021 or on any other day within three weeks thereafter.

Learned counsel for the petitioners argued that the respondents are likely to create third party interest over the suit property, which will give rise to

multiplicity of proceedings, therefore, he prayed that respondents be restrained from creating third party interest over the suit property.

Any transfer made, during pendency of litigation, is protected by virtue of Doctrine of Lis Pendens, which is engrafted under Section 52 of

Transfer of Property Act, therefore, there is no need to issue such direction, as prayed for by learned counsel the petitioners.