Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 13012 (UTT)

GAYATRI DEVI SHARMA v. AJAY KUMAR SHARMA

WPMS/3234/2024 · 2025-04-16

Rakesh Thapliyal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2761 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 3234 of 2024 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rajendra Arya, learned counsel for the petitioners. 2. The instant writ petition has been preferred by the petitioners under Article 227 of the Constitution of India for expediting the proceedings of Original Suit No. 63 of 2023 ‘Smt. Gayatri Devi Sharma and Another vs. Ajay Kumar Sharma’ pending in the court of Civil Judge (J.D.), Dehradun. 3. It is argued that both the petitioners are the senior citizens and aged about 79 and 81 years old and the suit has been instituted for seeking permanent injunction as well as possession over the property in question against the defendant- respondent herein, who is their real son. 4. In the plaint a reference has been made that about the conduct of the defendant a written complaint was made to the police. 5. Learned counsel for the petitioners submits that the defendant respondent herein and his wife are regularly threatening to the petitioners, who are the senior citizens and they are not respecting them. He submits that the temporary injunction was already granted in favour of the petitioners but since they are the senior citizens and the respondent defendant is repeatedly harassing them, therefore, the trial may be expedited. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration that both the petitioners are the senior citizens and the defendant respondent in the pending suit is their real son, this court is of the view that taking into consideration the old age of the petitioners the Original Suit has to be expedited as early as possible. 7. In such an eventuality, the Civil Judge (J.D.), Dehradun, is directed to decide proceeding of Original Suit No. 63 of 2023 ‘Smt. Gayatri Devi Sharma and Another vs. Ajay Kumar Sharma’ as 2025:UHC:2761 expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order. 8. In view of the observation as made above the writ petition is disposed of finally. (Rakesh Thapliyal, J.) 16.04.2025 PR