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Shweta Goyal & Another vs Aruna Chauhan & Others

Uttarakhand High Court · Decided on 5 April 2023 · Citation: (2023) 04 UK CK 0007

HON’BLE JUDGES
Vipin Sanghi, CJ
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 905 Of 2023
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Judgment

8 paragraphs · 249 words

Vipin Sanghi, CJ

1.

The petitioner has preferred the present writ petition, under Article 227 of the Constitution of India, to seek a direction to the learned District Judge, Dehradun, District Dehradun to decide Civil Appeal No.22 of 2018, “Km. Aruna Chauhan & others vs. Smt. Shweta Goyal & others”, pending in the said Court, as expeditiously as possible.

2.

Learned counsel for the petitioners submits that dispute arose between the parties in the year 2010; Civil Suit was filed in the year 2011, which resulted in a decree passed in favour of the petitioners; the respondents have preferred Civil Appeal which is pending since 2018, and; due to the pendency of the disputes in Courts, the petitioners are suffering prejudice.

3.

Considering the fact that the appeal has remained pending for nearly five years now, I dispose of this petition with a direction to the learned District Judge, Dehradun, to decide Civil Appeal No.22 of 2018, “Km. Aruna Chauhan & others vs. Smt. Shweta Goyal & others”, which is pending before him within nine months from the date of service of a certified copy of this order.

4.

The petitioner shall serve a copy of this order upon the respondents as well within two weeks.

5.

The writ petition stands disposed of in the aforesaid terms.

6.

It is made clear that this Court has not examined the merits of the case of either party, while passing this order.

6.

Pending application, if any, also stands disposed of.