Raj Bahadur Jain vs Hukum Chand Jain And Others
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Uttarakhand High Court

Raj Bahadur Jain vs Hukum Chand Jain And Others on 19 February, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

                                                    2026:UHC:1116

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                    19TH FEBRUARY, 2026

       WRIT PETITON NO.383 of 2026 (M/S)
Raj Bahadur Jain                                  .....Petitioner

                             Versus

Hukum Chand Jain and Others                      ....Respondents

Counsel for the Petitioner         : Mr. Raveesh Jain,
                                     Advocate.

Counsel for the Respondent         : Mr. Siddhartha Singh,
No.1                                 Advocate


Hon'ble Alok Kumar Verma,J.

The present writ petition has been filed under

Article 227 of the Constitution of India with the

following prayers:-

"(i) A writ, order or direction in the nature of mandamus commanding the learned Civil Judge (Junior Division), Jaspur, U.S. Nagar to decide the application under O23 R 1(3) filed by the petitioner in Civil Suit No. 06 of 2023 Rajbahadur Jain vs. Hukum Chand Jain and others which is pending before it expeditiously within 30 days.

(ii) Any other suitable writ, order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case.

(iii) Award the cost of petition to the petitioner."

2. Heard Mr. Raveesh Jain, learned counsel for

the petitioner and Mr. Siddhartha Singh, learned

2026:UHC:1116 counsel for the respondent no.1.

3. Mr. Raveesh Jain, Advocate has requested on

instructions to direct the learned Civil Judge (Junior

Division), Jaspur, District Udham Singh Nagar to make

an effort to decide the Application, filed by the

petitioner under Order 23 Rule 1(3) of the Code of Civil

Procedure, 1908.

4. The said request has not been opposed by

the respondent no.1.

5. The present Writ Petition is disposed of on

the request of both the parties with a request to

learned Civil Judge (Junior Division), Jaspur, District

Udham Singh Nagar to make an endeavour to decide

the Application, filed by the petitioner under Order 23

Rule 1(3) of the Code of Civil Procedure, 1908

expeditiously.

6. The Writ Petition (WPMS No.383 of 2026) is

disposed of accordingly.

__________________ ALOK KUMAR VERMA, J.

Date: 19.02.2026 JKJ/Pant