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2016 DIGILAW 487 (UTT)

Sardar Raghubeer Singh v. Satish Chandra Sangar

2016-08-19

V.K.BIST

body2016
JUDGMENT : Heard Mr. Prabhat Bohra, Advocate for the petitioner. 2. This petition has been filed by the petitioner seeking the following relief: “(i) Issue a writ, order or direction in the nature of mandamus commanding/ directing the learned Civil Judge (J.D.) Rishikesh, District Dehradun to decide the Original Suit No. 39 of 2009, Satish Chandra Sangar Vs. Sardar Raghuveer Singh & another expeditiously within the stipulated period without any delay and further be pleased to direct the learned Civil Judge (J.D.), Rishikesh, District Dehradun, not to grant unnecessary adjournment to the parties, as the plaintiff unnecessarily got adjourned the aforesaid case on several dates.” 3. Learned counsel for the petitioner submitted that the plaintiff/respondent filed Original Suit No. 39 of 2009 “Satish Chandra Sangar Vs. Sardar Raghuveer Singh & another” against the petitioner and his brother for prohibitory injunction in the Court of Civil Judge (Junior Division), Rishikesh. The said suit was filed on 15.04.2009. After filing the suit, the plaintiff/ respondent got amended the suit on 26.11.2015 & 11.04.2016. The written statement was filed by the defendant/petitioner in the said suit. After exchange of the pleadings, issues were framed on 18.04.2013 and 03.05.2013 was fixed for plaintiff’s evidence. Learned counsel for the petitioner submitted that the plaintiff/ respondent, after his retirement, is practicing as an advocate in the Civil Court Rishikesh, District Dehradun and he is trying to get the case adjourned on one pretext or other. He submitted that, in fact, plaintiff/respondent is seeking adjournment on regular basis. He submitted that since the hearing of the suit is being delayed at the instance of the plaintiff/ respondent, direction may be issued to the learned Civil Judge (Junior Division), Rishikesh, District Dehradun to decide the said suit at the earliest. 4. I have heard the learned counsel for the petitioner and have also perused the order sheet of the learned Court below. From the perusal of the order sheet, it transpires that more than 50 times the case was listed, but the said suit has not been decided so far. 5. Considering the submission advanced by the learned counsel for the petitioner, I think it appropriate to direct the learned Civil Judge (Junior Division) Rishikesh, District Dehradun to decide the Original Suit No. 39 of 2009, Satish Chandra Sangar Vs. Sardar Raghuveer Singh & another at the earliest. 5. Considering the submission advanced by the learned counsel for the petitioner, I think it appropriate to direct the learned Civil Judge (Junior Division) Rishikesh, District Dehradun to decide the Original Suit No. 39 of 2009, Satish Chandra Sangar Vs. Sardar Raghuveer Singh & another at the earliest. Case is being decided by me without issuance of notice to respondent, as this Court thinks that issuance of notice will may delay the proceedings. 6. Consequently, the writ petition is disposed of with a direction to the learned Civil Judge (Junior Division) Rishikesh, District Dehradun to expedite the hearing of Original Suit No. 39 of 2009, Satish Chandra Sangar Vs. Sardar Raghuveer Singh & another and decide the same at the earliest, preferably on or before 31.03.2017. 7. There will be no order as to costs.