WPMS/905/2023
2023 Latest Caselaw 927 UK

             IN THE HIGH COURT OF UTTARAKHAND

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

                  WRIT PETITION (M/S) NO. 905 OF 2023

                              05TH APRIL, 2023

BETWEEN:
Shweta Goyal & another                                          .....Petitioners.
And

Aruna Chauhan & others                                          ....Respondents.

Counsel for the Petitioners : Mr. Gaurav Kandpal, 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 District Judge, Dehradun,

District Dehradun to decide Civil Appeal No.22 of 2018, "Km.

Aruna Chauhan & others vs. Smt. Shweta Goyal & others",

pending in the said Court, as expeditiously as possible.

2. Learned counsel for the petitioners submits that

dispute arose between the parties in the year 2010; Civil Suit

was filed in the year 2011, which resulted in a decree passed

in favour of the petitioners; the respondents have preferred

Civil Appeal which is pending since 2018, and; due to the

pendency of the disputes in Courts, the petitioners are

suffering prejudice.

3. Considering the fact that the appeal has remained

pending for nearly five years now, I dispose of this petition

with a direction to the learned District Judge, Dehradun, to

decide Civil Appeal No.22 of 2018, "Km. Aruna Chauhan &

others vs. Smt. Shweta Goyal & others", which is pending

before him within nine months from the date of service of a

certified copy of this order.

4. The petitioner shall serve a copy of this order upon

the respondents as well within two weeks.

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.

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

(VIPIN SANGHI, C.J.)

Dated: 05th April, 2023 NISHANT