WPMS/759/2023
2023 Latest Caselaw 728 UK

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

                  WRIT PETITION (M/S) NO. 759 OF 2023
                              21ST MARCH, 2023
BETWEEN:
Arvind Kumar Gupta                                               .....Petitioner.
And
Neeraj Agarwal                                                   ....Respondent.

Counsel for the Petitioner : Mr. Sagar Kothari, 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 Judge, S.C.C./3rd Additional

District Judge, Derhadun to decide and conclude the

proceedings of S.C.C. Suit No.15 of 2020, "Arvind Kumar

Gupta vs. Neeraj Agarwal", pending before the said Court, as

expeditiously as possible, and within the time that this Court

may consider appropriate.

2. The case of the petitioner is that he is the landlord

of the premises, wherein the respondent is the tenant. The

petitioner has preferred the eviction proceedings. The

petitioner himself is suffering from disability, in respect

whereof, he has placed on record his disability certificate.

Two daughters of the petitioner are studying in Dehradun. His

wife is suffering from brain tumor. She is undergoing

treatment at a hospital near Dehradun. The daughters of the

petitioner are having to stay in a rented accommodation due

to lack of accommodation.

3. Learned counsel submits that even though, the

eviction proceedings have been pending for the last three

years, issues have yet not been framed. The petitioner has

placed on record the order-sheet of the proceedings. The

matter is now listed before the Court on 23.03.2023 for

framing the issues.

4. In view of the aforesaid aspects, I dispose of this

petition with a direction to the learned Judge S.C.C./ 3rd

Additional District Judge, Derhradun to endeavour to dispose

of the aforesaid Suit, pending before him, within the next 18

months from the date of service of a certified copy of this

order upon the Court. Neither party shall seek, nor be

granted any undue adjournments. It is, however, made clear

that this Court has not examined the merits of the case of

either party.

5. It shall be the obligation of the petitioner to serve a

copy of this order to learned counsel representing the

respondent before the Court below, through recorded deliver

within one week.

6. The petition stands disposed of in the aforesaid

terms.

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

(VIPIN SANGHI, C.J.)

Dated: 02nd March, 2023 NISHANT