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Devendra Padalia vs Ram Saran Das (Deceased) And Others

Uttarakhand High Court · Decided on 18 April 2026 · Citation: (2026) 04 UK CK 1702

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Order 9 Rule 9 · Constitution Of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Writ Petiton No. 981 Of 2026 (M/S)
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Judgment

8 paragraphs · 222 words

Alok Kumar Verma, J

1.

This writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-

"(i) Issue writ of mandamus or any other writ, order or direction to expedite the adjudication of the application filed under Order IX Rule 9, CPC bearing Miscellaneous Civil No. 13 of 2024, in the interest of justice; and/or;

(ii) Pass such other and further orders/directions, as may be required in the interest of justice, and is deemed fit and proper in the facts and circumstances of the case."

2.

Mr. Vinayak Pant, learned counsel for the petitioner.

3.

Mr. Vinayak Pant, Advocate, contended that the petitioner, a senior citizen, aged about 68 years, has filed the Application under Order IX Rule 9 of the Code of Civil Procedure, 1908 and the said application is pending since 13.12.2024.

4.

In the facts and circumstances of this case, the present writ petition is disposed of by directing the court concerned to decide the Application of the petitioner, filed under Order IX Rule 9 of the Code of Civil Procedure, 1908 as expeditiously as possible, but not later than four weeks from the date of production of certified copy of this order.

5.

It is made clear that this Court has not expressed any opinion on the merit of the case.