WPMS/1210/2023
2023 Latest Caselaw 1126 UK

             IN THE HIGH COURT OF UTTARAKHAND

                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                 WRIT PETITION (M/S) NO. 1210 OF 2023

                              25TH APRIL, 2023

BETWEEN:
Bijay Kumar Sharma                                              .....Petitioner.
And

Sunita Gupta                                                    ....Respondent.

Counsel for the Petitioner : Mr. Nitin Tewari, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The petitioner has preferred the present writ

petition, under Article 227 of the Constitution of India, to

seek a direction to the learned 8th Additional District Judge,

Dehradun, District Dehradun to decide S.C.C. No.27 of 2022,

"Bijay Kumar Sharma vs. Dr. Sunita Gupta", pending in the

said Court, as expeditiously as possible.

2. The reason why the petitioner has preferred the

present writ petition is that the learned Trial Court has been

granting adjournments, time and again, to the respondent to

file her written statement. Even after passage of eleven

months from the date of service on respondent-defendant, no

written statement has been filed till date.

3. Looking to the aforesaid circumstances, I dispose of

this petition with a direction to the learned 8th Additional

District Judge, Dehradun, to decide the said Suit, which is

pending before him within the next eighteen months from the

date of service of a certified copy of this order.

4. Neither party shall seek, nor be granted any undue

adjournment. It is for the Trial Court to enforce discipline

amongst the parties to ensure that proceedings are not

unduly lingered on.

5. The writ petition stands disposed of in the aforesaid

terms.

6. It is made clear that this Court has not examined

the merits of the case of either party, while passing this

order.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 25th April, 2023 NISHANT