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2025 DAILYLAW 15113 (UTT)

SUBHASH POKHARIYAL v. ARCHANA BHARTHWAL

WPMS/2886/2025 · 2025-10-27

Ashish Naithani

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9437 SL . N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 2886 of 2025 Hon’ble Ashish Naithani, J. Mr. Vishesh Shrivastava, learned counsel for the Petitioner. 2. The present writ petition under Article 227 of the Constitution of India is filed by the Petitioner to issue an order or direction directing the court of learned Additional Principal Judge, Family Court, Dehradun for the expeditious disposal of the O.S. No.314 of 2022, titled as “Shri Subhash Pokhriyal, vs. Smt. Archana Barthwal”, pending before the learned Additional Principal Judge, Family Court, Dehradun as early as possible or within the time as fixed by the Hon’ble Court. 3. Learned counsel for the Petitioner makes a submission that the matter is related to the matrimonial dispute; initially the case for which the prayer has been made, was instituted in the year 2022, more than 50 dates have been fixed and period of more than three years have elapsed but the suit could not reach to its logical conclusion. He further submits that the Respondent is barely interested in speedy disposal of the suit and is trying to linger on the matter on one pretext or the other. 4. Learned counsel for the Petitioner further submits that in view of provisions of Order 17 Rule 1(1) of Code of Civil Procedure, 1908 Respondents ought not 2025:UHC:9437 to have granted the adjournments unnecessarily; the delay in the matter is causing grave injustice to the Petitioner. 5. In view thereof, the present petition is disposed of with a direction to the learned Additional Principal Judge, Family Court, Dehradun to expedite the proceedings of O.S. No.314 of 2022, titled as “Shri Subhash Pokhriyal, vs. Smt. Archana Barthwal”, pending before the learned Additional Principal Judge, Family Court, Dehradun, as expeditiously as possible, in accordance with law, without granting unnecessary adjournment to either of the parties. (Ashish Naithani, J.) 27.10.2025 Akash AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef735 18c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c89 1823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.10.28 16:26:00 +05'30' 2025:UHC:9437