Jai Prakash vs Sishpal

Alok Kumar Verma, J

An Original Suit (O.S. No.71 of 2021), “Shri Jai Prakash vs. Shri Sishpal”, filed for perpetual injunction, is pending before the court of Senior Civil Judge, Vikasnagar, District Dehradun.

The petitioner, aged about 70 years, has filed the present Writ Petition under Article 227 of the Constitution of India with the following prayers:-

“(i) Issue an appropriate writ, order or direction to the court of Civil Judge (Senior Division), Vikasnagar, Dehradun to expedite the proceedings of the Original Suit No.71 of 2021, “Jai Prakash vs. Sishpal”, presently pending before it within a stipulated time frame as provided by this Hon’ble Court.

(ii) Pass such further orders or directions which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.

(iii) Award the cost of the petition.”

Heard Mr. Rishab Ranghar, learned counsel for the petitioner.

Mr. Rishab Ranghar, Advocate submits that the petitioner, aged about 70 years, is a senior citizen. He is not able to fight the legal battle to the best of his ability while the respondent – defendant is constantly seeking adjournments.

Perused and gone through the record.

In view of the submissions made by Mr. Rishab Ranghar, Advocate and in the facts and the circumstances of the case, the present Writ Petition is decided with a direction to the Senior Civil Judge, Vikasnagar, District Dehradun to expedite the proceedings of Original Suit No.71 of 2021, “Shri Jai Prakash vs. Shri Sishpal”, and decide the same as expeditiously as possible without granting any unnecessary adjournment to any party.

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