RAM KUMAR Vs. ALOK NANDA

JUDGEMENT

(1.) Respondents filed two suits for permanent injunction against petitioners before learned Civil Judge (Junior Division), Nainital, which are numbered as Civil Suit No. 8 of 2025 and Civil Suit No. 9 of 2025. In those suits, petitioners moved application under Order 7 Rule 11 CPC, which were rejected. Petitioners filed Revision Petitions challenging Trial Court's order, which were dismissed by learned District Judge, Nainital. Thus, feeling aggrieved, petitioners have approached this Court under Article 227 of the Constitution.

(2.) Since common questions of law and fact are involved in these writ petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (M/S) No. 1636 of 2025 alone are being considered and discussed.

(3.) Petitioners are defendants in Civil Suit No. 08 of 2025 filed by Mr. Alok Nanda, seeking permanent injunction. In the said suit, petitioners filed application for rejection of plaint under Order 7 Rule 11 CPC stating that plaintiff has suppressed the material fact that the defendants (petitioners herein) are in actual physical possession of property, in terms of a registered agreement dtd. 27/10/2023, therefore, the suit is frivolous and amounts to abuse of process of law.