2025:UHC:9962 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3138 of 2025 12 November, 2025 Amar Singh (now deceased) 1. 1: Omkar Singh 1. 2: Puranchand 1. 3: Dhatsal 1. 4: Smt Pushpa 1. 5: Smt Usha 1. 6: Smt Umesh --Petitioners Versus Gram Sabha and Another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Deepak Petshali, learned counsel for the petitioner. Ms. Anjali Bhargava, learned counsel for respondent No.1-Gram Sabha. Mr. K.S. Mehta, learned Additional C.S.C. with Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the State of Uttarakhand/respondent No.2. Hon’ble Pankaj Purohit, J. (Oral) This writ petition under Article 227 of the Constitution of India, has been filed by the legal heirs of petitioner for a direction to learned Civil Judge (Sr. Div.), Roorkee, District Haridwar, to decide the Execution Case No.05 of 2020 arising out of Original Suit No.20 of 1984, Amar Singh Vs. Gram Sabha and Others, expeditiously within a stipulated period. 2. It is contended by learned counsel for the petitioners that Late Amar Singh had filed an Original Suit No.20 of 1984 (Amar Singh Vs. Gram Sabha and Ors.) before the learned Civil Judge, 1 2025:UHC:9962 Roorkee, District Haridwar, for permanent injunction in respect of the disputed property situated at Village Nagla Aimad, Tehsil Roorkee, District Haridwar, which was decreed in favour of the petitioner-Late Amar Singh vide judgment and decree dated 14.11.1984. Respondent No.1-Gram Sabha preferred a Civil Appeal No.88 of 1999 challenging the judgment and decree dated 14.11.1984, which was dismissed by learned Appellate Court vide order dated 07.02.2007 affirming the judgment and order dated 14.11.1984. 3. It is further contended by him that the said decree has attained finality and no further appeal or revision has been preferred by the respondents. Thereafter, the execution suit being Execution Case No.05 of 2020 Amar Singh Vs. Gram Sabha and Others, has been filed in the year 2020 and the respondents/defendants are taking unnecessary adjournments and lingering the matter. Therefore, he wants to expedite the said execution case. 4. Learned counsel for the Gram Sabha as well as learned State Counsel has no objection if a direction be issued to learned Civil Judge (Sr. Div.), Roorkee, District Haridwar, for expeditious hearing of the abovementioned execution case. 5. I have perused the record of the case and specially the entire order sheet annexed by the learned counsel for the petitioner in writ petition as Annexure No.2. From perusal of Annexure 2, it is reflected that the matter is being adjourned for no reasons and is pending for the last five years for 2 2025:UHC:9962 disposal. This Court thinks that this is a fit case where a direction can be issued to learned Civil Judge (Sr. Div.), Roorkee, District Haridwar, for expeditious hearing and disposal of Execution Case No.05 of 2020 arising out of Original Suit No.20 of 1984, Amar Singh Vs. Gram Sabha and Others. 6. Accordingly, the present writ petition is allowed. Learned Civil Judge (Sr. Div.), Roorkee, District Haridwar, is directed to decide the Execution Case No.05 of 2020 arising out of Original Suit No.20 of 1984, Amar Singh Vs. Gram Sabha and Others, expeditiously but not later than six months from the date of production of certified copy of this order. It is also made clear that no unnecessary adjournments shall be given by the learned Executing Court to either of the party. (Pankaj Purohit, J.) 12.11.2025 PN 3