Arvind Kumar Gupta vs Neeraj Agarwal

Vipin Sanghi, CJ

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.

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.

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.

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.

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.

The petition stands disposed of in the aforesaid terms.

Pending application, if any, also stands disposed of.