PRAVEEN AGGARWAL Vs. MOHAN SINGH & OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to set aside / quash the impugned order dated 19.07.2017, passed by learned District Judge, Dehradun, in Misc. Civil Appeal no. 42 of 2017, Varsha Badoni vs Praveen Aggarwal, whereby, hearing ex parte of appeal, the effect and operation of the order dated 14.07.2017, passed by the learned Civil Judge (Jr. Div.), Dehradun, in O.S. no. 196 of 2017, Praveen Aggarwal vs Mohan Singh and others, has been stayed (Annexure 10 to the petition).

(2.) Plaintiff-Petitioner filed a civil suit in the court of Civil Judge (Jr. Div.), Dehradun, for a relief of permanent prohibitory injunction directing the defendants, their agents or any of their representatives not to stage dharna within a periphery of 500 meters of the suit property.

(3.) An application under Order 39 Rules 1&2 CPC was also filed along with the plaint. Learned trial court heard the plaintiff on 6C-2 (temporary injunction application) and granted interim relief to the plaintiff, vide order dated 14.07.2017. On 17.07.2017, the plaintiff moved an application for police assistance. On such application, Station House Officer, P.S. Nehru Colony, was directed to ensure the compliance of order dated 14.07.2017.