2025:UHC:3074-DB 1 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR AND HON’BLE SRI JUSTICE ALOK MAHRA 25thAPRIL, 2025 WRIT PETITION (CRL)NO.2304 OF 2021 Shri Vishal Singh …...Petitioner. Versus State of Uttarakhand and others. …….Respondents Counsel for the petitioner : Mr. Bhupesh Kandpal, learned counsel. Counsel for the State : Mr. J.S. Virk, learned Deputy Advocate General with Mr. R.K. Joshi, learned Brief Holder for the State. Counsel for respondent Nos. 3 and 4 : Mr. Raghav Singhal, learned counsel holding brief of Mr. Piyush Garg, learned counsel. JUDGMENT :(per Mr. G. Narendar, C.J.) The matter was listed before this Court yesterday. After hearing, we had directed the learned counsel to assist the Court with regard to the stage of the partition suit said to have been preferred by respondent No. 4. 2. Learned counsel for the petitioner submits that on filing of the suit for partition, being Suit No. 9 of 2011- 12, the Court had issued notices and the parties have put in appearance and have filed their respective statements and, thereafter, nothing much has progressed. The pendency of a suit for partition, for nearly 15 years is in the teeth of Rule 3 of the Uttarakhand Case Flow Management (For Subordinate Courts) Rules, 2009, which clearly stipulate that suits of such nature are required to be heard and 2025:UHC:3074-DB 2 disposed of within two years from the date of appearance or deemed appearance of defendant-respondent-opposite party. The relevant rule reads as under:- “3. Categorisation of suits / Cases / Appeals / Revisions and other proceedings into Tracks- (1) The Presiding Officer of the court shall categories the suits/cases and proceedings in his Court into track- I, Track-II and Track-III based on the nature of dispute, the quantum of evidence to be recorded and the time likely to be taken for the completion of trial of the suit, the suits shall be channeled into different tracks. (i) Track-I : Cases relating to (1) matrimonial matters (2) maintenance (3) custody of children (4) appointment of guardian and wards (5) visitation rights (6) grant of letters of administration (7) succession certificate (8) Small Causes Suits (9) Rent Control Appeals (10) revisions (11) miscellaneous cases (12) election petitions (13) Motor Accident Claims Petitions (14) money suits based solely on promotes/negotiable instruments (15) execution cases (16) miscellaneous appeals. (ii) Track-II : (1) Original suits (other than mentioned in track-I) (2) Suits for trademarks, copyrights, patents and intellectual property rights (3) Land Acquisition References. (iii) Track-III : Such other cases not included in Track-I to II shall be posted in Track-III. (2) The Presiding Officer shall endeavor to dispose of cases in Track-I within one year and the cases in tack- II & III within two years from the date of appearance or deemed appearance of defendant-respondent- opposite party. Note- For the period court remained vacant or proceeding remained stayed under the orders of superior court shall not be taken into account for calculating maximum period. (i) Where statute requires that suits/proceedings 2025:UHC:3074-DB 3 have to be completed with in a specified period then the above mentioned period for deciding the suits shall not apply, and the Court shall decide the suit with in the given statutory period. Time limit fixed for various stages of civil suits as per Code of Civil Procedure shall be adhered to (ii) … (3) … (4) … (5) … (6) … (7) …” 3. In that view, we direct the Court of Assistant Collector, 1st Class / SDO, Dehradun to hear and dispose of Suit No. 9 of 2011-12 titled as ‘Smt. Sushma vs. Ravindra Kumar and others’ pending on his file, as expeditiously as possible but at any rate within an outer limit of four months from the date of receipt of a certified copy of this order. 4. The parties shall appear before the Court of Assistant Collector, 1st Class / SDO, Dehradun on 30.04.2025 at 03:00 P.M. and shall not be permitted any adjournment except in the case of any grave situation or serious health crisis leading to hospitalization. We would request the Court of Assistant Collector, 1st Class / SDO, Dehradun to attempt to hear and dispose of the suit on day to day basis. 5. The instant writ petition stands disposed of accordingly. 2025:UHC:3074-DB 4 6. The Registry is directed to forthwith forward a certified copy of this to the concerned Court by way of e-mail. ________________ G. NARENDAR, C.J. _____________ ALOK MAHRA, J. Dt: 25thApril, 2025 Rathour PRAVINDRA SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb10 97d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179B8 E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.04.29 13:35:38 +05'30'