WPMS/2545/2021
2021 Latest Caselaw 4995 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
      ON THE 8TH DAY OF DECEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 2545 of 2021

BETWEEN:

Atmaram.                                    ..........Petitioner
     (By Mr. Nalin Saun, Advocate)

AND:
Chandra Kishore & others.                 .....Respondents
     (By Mr. Ashish Joshi, Advocate for respondent no. 5)


                      JUDGMENT

According to the petitioner, he has filed a partition suit in the year 2018 under Section 176 of U.P.Z.A. & L.R. Act, which is pending before learned Assistant Collector, Ist Class, Dehradun and is registered as Suit No. 23 of 2017-18.

2. By means of this writ petition, petitioner has sought a direction to the Court concerned to expedite hearing of the said suit.

3. Learned counsel for the petitioner submits that, despite service, defendants to the suit have not filed written statement, therefore, vide order dated 17.08.2021 last opportunity was given to them fixing 13.09.2021. He further submits that, on 18.10.2021, the case was fixed for framing of issues, however, issues could not be framed on the said date.

4. Having regard to the facts & circumstances of the case, the writ petition is disposed of with a request to Court concerned to expedite hearing of the aforesaid case and decide the same as early as possible, preferably within a period of twenty four months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Arpan