Sameet Nawani vs Gyan Prakash And Ors

Pankaj Purohit, J

By means of the present writ petition, petitioner-defendant has sought a direction for the learned First Additional District Judge, Dehradun to decide Civil Appeal No.2 of 2023 Gyan Prakash Vs. Vinod Navani and Others, and Civil Appeal No.3 of 2023 Gyan Prakash Vs. Vinod Navani and Others, expeditiously within a stipulated period.

It is contended by learned counsel for petitioner-defendant that Original Suit No.397 of 2011 S.P. Gupta (since deceased) Vs. Smt. Vinod Navani and Others, was instituted in the year 2011, which was decided vide judgment and decree dated 08.12.2022 by learned 7th Additional Senior Civil Judge, Dehradun and the suit was dismissed and the counter claim preferred by defendant Nos.1 and 3 in the Original Suit was decreed. It is feeling aggrieved by the said judgment and decree dated 08.12.2022, the plaintiff in the Original Suit (respondent No.1 herein) filed Civil Appeal No.2 of 2023 Gyan Prakash Vs. Vinod Navani and Others, and Civil Appeal No.3 of 2023 Gyan Prakash Vs. Vinod Navani and Others, against the dismissal of Original Suit as well as the grant of decree of counter claim.

It is further contended by learned counsel for petitioner-defendant that those Appeals are pending consideration for the last two years and for one reason and another, the adjournments are being taken by the appellant therein. He made an innocuous prayer before this Court, the ends of justice would be met, if a direction be issued to learned First Additional District Judge, Dehradun to decide Civil Appeal No.2 of 2023 Gyan Prakash Vs. Vinod Navani and Others, and Civil Appeal No.3 of 2023 Gyan Prakash Vs. Vinod Navani and Others, expeditiously.

Having heard the learned counsel for the petitioner-defendant and having gone through the entire documents available on record, this Court is of the view that speedy justice is a fundamental right and the petitioner-defendant is entitled to get the early disposal of the aforesaid Appeals.

In such view of the matter, writ petition is allowed. Learned First Additional District Judge, Dehradun, is directed to decide Civil Appeal No.2 of 2023 Gyan Prakash Vs. Vinod Navani and Others, and Civil Appeal No.3 of 2023 Gyan Prakash Vs. Vinod Navani and Others, expeditiously but not later than six months from the date of production of certified copy of this order.