Naveen Singh Bisht vs Oriental Insurance Company Ltd. and Another

V.K. Bist, J.—Heard learned Counsel for the parties.

Present petition has been filed by the petitioner for a direction to the learned Additional District & Session Judge/FTC-IV, Dehradun to decide the SCC Suit No. 29/2008 "Naveen Singh Bisht v. Oriental Insurance Co. Ltd." as expeditiously as possible.

Brief facts of the case, as narrated in the writ petition, are that the petitioner is the owner/landlord of the property bearing Municipal No. 47, Rajpur Road, Dehradun. The petitioner became the owner of the said property on the basis of registered Will dated 17.12.2007 executed by his father who expired on 21.12.2008. The said property was given on lease by the petitioner''s father and as per the condition of the lease deed the term of the lease expired on 31.07.2008. After the expiry of the aforesaid period of lease, the petitioner issued notices to the respondents for eviction but the respondents did not vacate the property in question. Aggrieved from the aforesaid act of the respondents by not vacating the property in question after the expiry of the lease period, the petitioner on 18.08.2008 preferred a SCC Suit before the Court of Judge Small Cause (District Judge) Dehradun, which was registered as SCC Suit No. 29/2008 "Naveen Singh Bisht v. The Oriental Insurance Co.". The suit was instituted on 18.08.2008 and notices were issued to the respondents. On 18.09.2008, the respondents sought time to file written statement. Thereafter, the file was transferred from the Court of District Judge to the Court of Additional District & Session Judge/FTC-IV, Dehradun. The respondents filed written statement on 02.03.2009. On 30.03.2009, the learned Court below framed issued and matter was fixed for final arguments for 30.05.2009. On 12.11.2009, the petitioner filed affidavit in chief and case was fixed for cross examination of PW 1 (petitioner). Perusal of the order sheet reveals that the respondents are seeking adjournments and till date the cross examination of PW 1 (petitioner) has not been completed whereas the petitioner remained present on each and every date (except on date i.e. 11.03.2010).

Learned Counsel for the petitioner submitted that the matter is thereafter continuously being fixed for cross examination of PW 1 but the respondents are avoiding Court proceeding just to prolong the proceeding of the aforesaid case. The respondents are deliberately delaying the disposal of the suit and about two and a half years have passed, but till date the suit has not been decided. The petitioner is landlord and is facing severe mental and financial hardships due to the pendency of the suit. On the other hand Shri V.K. Kohli submitted that only necessary adjournment was taken by the respondents. He also submitted that many other old cases are also pending and due to this reason the Suit No. 29/2008 could not be decided.

Since the matter is pending from August, 2008, I direct the learned Additional District & Session Judge/FTC-IV, Dehradun to decide the SCC Suit No. 29/2008, "Naveen Singh Bisht v. Oriental Insurance Co. Ltd." expeditiously, preferably before 31.08.2011.

With these directions the writ petition is disposed of.