Narendra Kumar Sharma vs Chandra Prakash Sharma

Pankaj Purohit, J

This writ petition has been filed by the petitioner seeking a direction to the learned Civil Judge (S.D.), Haridwar to decide Original Civil Suit No. 401 of 2021, Shri Narendra Kumar Sharma vs. Shri Chandra Prakash Sharma, pending before the said court, expeditiously or within a time frame fixed by this Court.

It is contended by learned counsel for the petitioner that Original Suit No. 401 of 2021 was filed by the petitioner seeking eviction of the respondent/defendant from the property owned by the petitioner-plaintiff. It is further submitted that the evidence of the petitioner/plaintiff was concluded on 26.04.2024, after which the matter remained pending for the evidence of the respondent/defendant. Learned counsel informs this Court that on 22.09.2025 the evidence of DW-1 was concluded, and since then the matter has been pending for recording the evidence of the remaining respondent/defendant witnesses.

Learned counsel for the petitioner has filed a supplementary affidavit stating that there are only three defendant witnesses in the matter; one witness has already been examined, and only two witnesses left. Due to the pendency of the original suit since 2021, the petitioner/plaintiff seeks a direction to the learned trial court to conclude the proceedings in O.S. No. 401 of 2021 expeditiously.

Having heard learned counsel for the parties and upon perusal of the record, particularly the order-sheet and the supplementary affidavit filed by the petitioner, this Court is of the view that it is a fit case for issuance of a direction to decide the aforesaid original suit.

Accordingly, the writ petition is allowed. The learned Civil Judge (S.D.), Haridwar, is directed to decide O.S. No. 401 of 2021, Shri Narendra Kumar Sharma vs. Shri Chandra Prakash Sharma, as expeditiously as possible, but not later than three months from the date of production of a certified copy of this order.

Pending application, if any, stands disposed of.