ASHOK KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Leave granted.

(2.) We are, in this case, concerned with the validity of an Order of attachment passed under Section 146(1) of the Code of Criminal Procedure by Sub Divisional Magistrate (SDM), Haridwar on 25.11.2009 attaching property situated in khasra No. 181 admeasuring 0.400 hectares situated at Gram Subhash Garh, Pargana Jawala Pur, Tehsil and District Haridwar. The above- mentioned order was affirmed by the High Court of Uttarakhand at Nainital in Criminal Misc. Application (C482) No. 1029 of 2010 dated 27.03.2012.

(3.) Mona Sharma, the second respondent herein, mother of minor children, preferred O.S. No. 168 of 2009 before the Court of Civil Judge (J.D.) Haridwar with the appellant and third respondent as defendants praying for a decree of temporary injunction restraining them from interfering with their peaceful enjoyment and possession of the above-mentioned and few other items of properties. The suit was instituted on 02.09.2009. An application was also preferred under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for an order of interim injunction. The Civil Court did not grant any interim injunction, but only ordered notice to the respondents on 14.9.2009.