Shrawan Kumar vs Vivek Kumar And Another

Alok Kumar Verma, J

Mr. Gaurav Pawar, learned counsel appearing for the petitioner and Ms. Gurbani Singh, learned counsel appearing for the respondent no.2.

Mr. Gaurav Pawar, Advocate, submitted that the petitioner – plaintiff filed an Original Suit (O.S. No.347 of 2023 “Shrawan Kumar vs. Vivek Kumar and Another”) for rent and mesne profits. The said case is pending before the learned Senior Civil Judge, Roorkee, District Haridwar. Both the respondents-defendants have appeared before the trial court. The said case is pending since 2023, but the respondent no.2-defendant no.2 has not filed written statement. Therefore, the petitioner has filed the present writ petition under Article 227 of the Constitution of India to direct the learned Senior Civil Judge, Roorkee, District Haridwar to decide the said original suit as early as possible.

The said request has not been opposed by the respondent no.2.

In the facts and circumstances of the case, the learned trial court is directed to make an endeavour to decide the Original Suit No.347 of 2023, expeditiously, as per law, without granting any unnecessary adjournment to either party.

The writ petition is disposed of accordingly.

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