2 November vs Asha Rani And Others
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Uttarakhand High Court

2 November vs Asha Rani And Others on 12 November, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2025:UHC:9961
HIGH COURT OF UTTARAKHAND AT NAINITAL
       Writ Petition Misc. Single No.3141 of 2025
                       12 November, 2025

Harijan Samaj Kalyan Vibhag                             --Petitioner

                               Versus
Asha Rani and Others                                --Respondents
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Presence:-
      Mr. D.S. Mehta, learned counsel for the petitioner.
      Mr. Sudhir Kumar Nailwal, learned Standing
      Counsel for the State of Uttarakhand/respondent
      Nos.5 to 7.
Hon'ble Pankaj Purohit, J. (Oral)

This writ petition under Article 227 of the Constitution of India, has been filed by the petitioner for a direction to learned Fifth Additional District Judge, Dehradun to decide and conclude the Civil Appeal No.56 of 2024 Smt. Asha Rani and Ors. Vs. State of Uttarakhand through Collector, Dehradun and Ors., expeditiously within a stipulated period.

2. It is the contended by learned counsel for petitioner that private respondents have instituted a Civil Appeal No.56 of 2024 Smt. Asha Rani and Ors. Vs. State of Uttarakhand through Collector, Dehradun and Ors., in the Court of learned District Judge, Dehradun, under Section 96 read with Order 41 Rule 1 CPC, by challenging the judgment and decree dated 11.03.2024 passed by learned IX Additional Civil Judge (Sr. Div.), Dehradun in Original Suit No.598 of 2015 Suryakant Vs. State and Others, whereby, suit filed by the private respondents-plaintiffs was dismissed.

2025:UHC:9961

3. It is further contended by him that the aforesaid appeal is pending disposal since 21.03.2024, which is causing hardship to the petitioner-Society, claiming right over the land in-question.

4. Learned counsel for the petitioner annexed the entire order sheet up to date and from perusal of the order sheet, it transpires that the matter is adjourned for one and another reason by the appellants (private respondents herein), however, some dates have also been taken by the petitioner as well.

5. Keeping in view the fact that the aforesaid appeal is filed on 21.03.2024 and only argument is to be advanced before the learned Appellate Court, this Court is of the view that a direction for expeditious hearing and disposal can be issued to learned Fifth Additional District Judge, Dehradun to decide and conclude the Civil Appeal No.56 of 2024 Smt. Asha Rani and Ors. Vs. State of Uttarakhand through Collector, Dehradun and Ors.

6. Accordingly, the present writ petition is allowed. Learned Fifth Additional District Judge, Dehradun is directed to decide and conclude the Civil Appeal No.56 of 2024 Smt. Asha Rani and Ors. Vs. State of Uttarakhand through Collector, Dehradun and Ors., expeditiously but not later than six months from the date of production of certified copy of this order. It is also made clear that no unnecessary adjournments shall be given by the learned Appellate Court to either of the party.

(Pankaj Purohit, J.) 12.11.2025 PN