WPMS/188/2023
2023 Latest Caselaw 262 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                  WRIT PETITION (M/S) NO. 188 OF 2023
                            13TH JANUARY, 2023
BETWEEN:
Kishan Singh                                                .....Petitioner.
And

Dhara Singh & others                                        ....Respondents.

Counsel for the Petitioner : Mr. Vinay Kumar, learned counsel.

The Court made the following:

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

The present writ petition, under Article 227 of the

Constitution of India, has been preferred by the petitioner to

seek a direction to the Civil Judge (S.D.) Dehradun to decide

the interim application No.6C-2 of the petitioner, filed in

Original Suit No.662 of 2021, "Kishan Singh vs. Dharam

Singh & others", on 06.02.2023, which is the next date fixed

in the case.

2. The grievance of the petitioner is that the petitioner

moved an interim application in his pending Suit aforesaid to

seek an injunction against the respondents- defendants,

which has remained pending since December, 2021. In the

meantime, the respondents have started raising construction

and, consequently, the petitioner also moved an urgency

application, which too has been adjourned.

3. It goes without saying that the learned Civil Judge

(S.D.) should deal with and decide matters as expeditiously

as possible, which is in the interest of all the parties litigating

before the Court. The respondents can possibly have no

objection to the early disposal of the interim application

moved by the petitioner.

4. I, therefore, allow this petition and direct the Court

of Civil Judge (S.D.), Dehradun to decide the interim

application No.6C-2 filed by the petitioner in Original Suit

No.662 of 2021 on the next date of hearing, i.e. 06.02.2023,

on merits after hearing the parties, and without adjourning

the matter.

5. A copy of this order be communicated to the

concerned Court for compliance. The same shall also be

communicated to the respondents by the petitioner's counsel

through recorded delivery within one week from today.

6. The writ petition is disposed of in the aforesaid

terms.

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

(VIPIN SANGHI, C.J.)

Dated: 13th January, 2023 NISHANT