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High Court of Uttarakhand · body

2025 DAILYLAW 12289 (UTT)

HARISH CHANDRA PATARI v. RAMESH CHAND

WPMS/2897/2025 · 2025-10-14

Pankaj Purohit

body2025

Judgment text

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1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No.2897 of 2025 14th October, 2025 Harish Chandra Patari --Petitioner Versus Ramesh Chand --Respondent ---------------------------------------------------------------------- Presence:- Mr. Priyanshu Gairola, learned counsel for the petitioner (appeared through V.C.). ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition has been filed by the petitioner under Article 227 of the Constitution of India. The petitioner seeks a direction to the learned trial court, i.e., Additional Civil Judge-III (Senior Division), Dehradun, to expedite the proceedings of P.A. Case No. 9 of 2021, Harish Chandra Patari vs. Ramesh Chand, pending before the said court, and to decide the same within a time-bound period. 2. It is contended by the learned counsel for the petitioner that the petitioner, who is a senior citizen, filed a release application in the trial court in the year 2021, registered as P.A. Case No. 9 of 2021, Harish Chandra Patari vs. Ramesh Chand. The petitioner has already produced evidence in the said application, and on 11.07.2023, the respondent-tenant was granted time to produce his evidence. However, the respondent has been seeking adjournments repeatedly instead of producing evidence. 3. It is further contended by the learned counsel for the petitioner that under Rule 15(3) of the Uttar 2 Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, every application filed under Section 21(1) of the Act shall, as far as possible, be decided within two months from the date of its presentation. Despite this, the case at hand has been pending for the last four years. 4. Having heard the learned counsel for the parties and on perusal the record of the writ petition, this Court is of the view that, in light of the statutory provision and the fact that the P.A. case has been listed for the respondent-defendant’s evidence since 11.07.2023, the petitioner has made out a sufficient case for a direction to expedite the hearing of P.A. Case No. 9 of 2021, Harish Chandra Patari vs. Ramesh Chand. 5. Accordingly, the writ petition is allowed. The learned Additional Civil Judge-III (Senior Division), Dehradun is directed to expedite the hearing of P.A. Case No. 9 of 2021, Harish Chandra Patari vs. Ramesh Chand and decide the matter within a period of two months from the date of production of a certified copy of this order. 6. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 14.10.2025 AK