WPMS/874/2021
2021 Latest Caselaw 1444 UK

Citation : 2021 Latest Caselaw 1444 UK
Judgement Date : 9 April, 2021

Uttarakhand High Court

WPMS/874/2021 on 9 April, 2021

                   Office Notes,
                reports, orders or
                 proceedings or
SL. No   Date                                    COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     WPMS No.874 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Sanjeev Singh, Advocate, for the petitioner.

The petitioner being a plaintiff in a Suit No.85 of 2018, "Diwakar Sharma Vs. Prabhakar Sharma and another", has instituted the suit for the grant of decree of possession. The said suit was instituted before the court of Civil Judge, Junior Division, Haridwar on 24.04.2018.

The petitioner in the present writ petition has sought an appropriate direction to the aforesaid court to expedite the proceedings of the aforesaid suit.

Though hesitantly, this Court is not inclined to issue such directions because this is a suit inter se between the family members, and more particularly, the real brothers. But looking to the age of the litigation and the facts, which are prevailing in the said suit. This writ petition is being disposed of with a request to the court of Civil Judge, Junior Division, Haridwar, to decide the aforesaid suit being Suit No.85 of 2018, "Diwakar Sharma Vs. Prabhakar Sharma and another", as expeditiously as possible, but not later than one year from the date of production of a certified copy of this judgment. However, this direction is given to decide the suit expeditiously would be exclusive of the period, for which the courts are closed down on account of the Covid-19 pandemic situation, and also that it would be decided by the learned trial court in accordance with the principle laid down by the Hon'ble Apex Court in the case of K.P. Sudhakaran & others Vs. State of Kerala & others reported in 2006 (5) (SCC) 386.

Subject to the above, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 09.04.2021

NR/