WPMS/469/2023
2023 Latest Caselaw 642 UK

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

               WRIT PETITION (M/S) NO. 469 OF 2023

                             15TH MARCH, 2023

Between:

1.   Mamraj (since deceased)
1/1. Narendra Kumar Bharadwaj
                                            ......          Petitioner

and

V.K. Mishra and others                      ......          Respondents


Counsel for the petitioner       :     Mr. Siddhartha   Singh,   learned
                                       counsel

Counsel for the respondent       :     --


The Court made the following:

JUDGMENT:

The limited prayer sought by the petitioner, in

the present petition, is to seek a direction to the learned

Additional Senior Civil Judge, Roorkee, to decide the

O.S. No. 80 of 2005, Mamraj & another Vs V.K. Mishra &

others, expeditiously, within such time as this Court may

fix.

2) Learned counsel submits that even after

passage of five years from the time when the issues

were framed, the plaintiff's evidence were still being

recorded, and no cross-examination of the plaintiff's

witness has taken place.

3) Without going into the merits of the disputes

between the parties, and in the light of the fact that

there can be no justification for the civil suit remaining

pending for nearly 18 years, I dispose of this petition

with a direction to the learned Additional Senior Civil

Judge, Roorkee to expedite the disposal of the aforesaid

suit. Neither party shall seek, nor be granted undue

adjournments. The learned Additional Senior Civil

Judge, Roorkee shall fix consecutive dates in the matter

so as to conclude the trial without any further delay.

The learned Additional Senior Civil Judge, Roorkee,

should conclude the trial, and render the decision, within

nine months from the date when a certified copy of this

order is served upon him. The petitioner shall serve a

copy of this order on the counsel for the respondents /

defendants positively within one week through recorded

delivery.

4) Petition stands disposed of in the aforesaid

terms.

________________ VIPIN SANGHI, C.J.

Dt: 15th MARCH, 2023 Negi