[Cites 3, Cited by 0]
Uttarakhand High Court
Unknown vs Vijay on 11 December, 2025
2025:UHC:11020
Office Notes,
SL reports, orders
. or proceedings
Date COURT'S OR JUDGE'S ORDERS
N or directions and
o. Registrar's order
with Signatures
WPMS No. 3437 of 2025
Hon'ble Ashish Naithani, J.
Mr. Shubhang Dobhal, learned counsel for the
Petitioner.
2. The present writ petition under Article 227 of
the Constitution of India is filed by the Petitioner for
commanding the learned Appellate Court of District
Judge/Additional District Judge, to decide the Civil
Appeal No.44 of 2023, "Ajay Kumar Dhir vs. Vijay
Kumar Dhir" and the connected appeals which are
now pending in the court of learned 1st Additional
District Judge, Dehradun within a prescribed period of
time.
3. Learned counsel for the Petitioner makes a
submission that the matter is related to the civil
dispute; the Petitioner is the owner of the property
bearing Municipal No.307, Haridwar Road, Rishikesh,
Dehradun residing in USA and the Respondent is the
real brother of the Petitioner but has not been able to
recover possession of his property despite lapse of
period of 18 years of litigation.
4. Learned counsel for the Petitioner makes further
submission that the Petitioner vide legal notice dated
21.11.2006 had revoked the permission and had
subsequently filed a suit for eviction in the court of
Civil Judge, (Senior Division), Dehradun bearing O.S.
No.42 of 2007, "Vijay Dhir vs. Ajay Dhir" and later as
2025:UHC:11020
an afterthought the Respondent had filed a cross suit
bearing O.S. No.211 of 2009, "Ajay Dhir vs. Vijay
Dhir" in the court of Civil Judge, Dehradun; both the
suits were decided by the court of 7th Additional
Senior Civil Judge, Dehradun vide its judgment dated
13.03.2023, thereafter, the Respondent had filed a
Civil Appeal bearing C.A. No.44 of 2023, "Ajay Dhir
vs. Vijay Dhir" for challenging the abovementioned
judgment and decree passed in O.S. No.42 of 2007
and another Civil Appeal No.45 of 2023 for
challenging the above judgment and decree passed in
O.S.211 of 2009.
He further submits that the Respondent is barely
interested in speedy disposal of the suit and is trying to
linger on the matter on one pretext or the other.
5. Learned counsel for the Petitioner further
submits that it is settled proposition of law that the
proceedings in the Appeal are continuation of the
proceedings of the Original Suit and the speedy
conclusion of the litigation is also a fundamental right
guaranteed under Article 21 of the Constitution of
India.
6. In view of provisions of Order 17 Rule 1(1) of
Code of Civil Procedure, 1908 Respondent ought not
to have granted the adjournments unnecessarily; the
delay in the matter is causing grave injustice to the
Petitioner.
7. In view thereof, the present petition is disposed
of with a direction to the learned Appellate Court of
2025:UHC:11020
District Judge/Additional District Judge, to decide the
Civil Appeal No.44 of 2023, "Ajay Kumar Dhir vs.
Vijay Kumar Dhir" and the connected appeals which
are now pending in the court of learned 1st Additional
District Judge, Dehradun within four months, in
accordance with law, without granting unnecessary
adjournment to either of the parties.
(Ashish Naithani, J.)
11.12.2025
Akash
AKASH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef735
18c148d140566ab1e26f9cbe61d,
postalCode=263001, st=Uttarakhand,
serialNumber=27096a1625377537a487dee49224c89
1823fc6a0334628b21e516047ed4f22f7, cn=AKASH
Date: 2025.12.11 16:43:10 +05'30'
