USHA GUPTA Vs. NAGAR NIGAM DEHRADUN

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by petitioners for a direction to respondent No.1 not to change the nature of land and raise any construction over the land in dispute during pendency of the interim injunction application before learned Civil Judge (Senior Division), Dehradun and further to decide the application moved by petitioners under Order 39 Rule 1 and 2 CPC in Original Suit No.555 of 2025 Usha Gupta and Others Vs. Nagar Nigam and others, at an early date.

(2.) Learned counsel for petitioners submits that Original Suit No.555 of 2025 Usha Gupta and Others Vs. Nagar Nigam and others, has been filed by petitioners for permanent injunction against respondents before learned Civil Judge (Sr. Div.), Dehradun, on 20/12/2025. Along with the said Original Suit, an application under Order 39 Rule 1 and 2 CPC has also been filed for temporary injunction and ad interim injunction was also prayed in the said suit. But the learned Trial Court has been pleased only to issue notices to respondents on the suit as well as on the Temporary Injunction Application and fixed the date i.e. 12/1/2026.

(3.) It is further contended by learned counsel for petitioners that respondent No.1 is trying to raise construction over the land in dispute which belongs to petitioners, without demarcation. He further submits that if respondent No.1 is permitted to raise the construction and to change the nature of land, petitioners will suffer irreparable loss which cannot be compensated by any means.