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Bimlesh Kumar & Another vs Kamlesh Kumar & Others

Uttarakhand High Court · Decided on 3 October 2024 · Citation: (2024) 10 UK CK 0006

HON’BLE JUDGES
Pankaj Purohit, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2697 Of 2024
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Judgment

6 paragraphs · 229 words

Pankaj Purohit, J

1.

Petitioners have filed this writ petition under Article 227 of the Constitution of India with a direction to the court below to decide the case within a period of six months.

2.

In nutshell the facts of the case are that respondent no.1/plaintiff filed a suit for partition of suit property praying therein 1/3 share of the said property; an application seeking injunction directing petitioners’ not to create a third party interest was also moved. As against the averments made in the plaint, petitioners filed written statement denying the averments of the suit. The temporary injunction application moved by the respondents was rejected by the court below on 25.07.2024.

3.

The petitioners are seeking to direct the court below to expedite the proceedings of the case. It needs to be mentioned that the suit was filed in the year 2021 and the matter is fixed for framing of issues.

4.

Since nothing much has been proceeded further in the suit, this Court directs the learned trial Court i.e. 1st Additional Civil Judge (Sr. Div.), Dehradun to expedite the proceedings of O.S. No.31 of 2021 Kamlesh Kumar vs. Bimlesh Kumar and others, and to conclude the same as early as possible but not later than two years from the date of production of certified copy of this order.

5.

This disposes of the writ petition finally.