2025:UHC:10305 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3235 of 2025 20th November, 2025 Sanjay Goel ………Petitioner Versus Ashwani Goel ………Respondent ---------------------------------------------------------------------- Presence:- Mr. Bhuwan Bhatt, Advocate for the petitioner. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition has been filed under Article 227 of the Constitution of India, whereby the petitioner has sought a direction to Trial Court i.e., IInd Additional Civil Judge (S.D.), Dehradun to decide the Original Suit No.58 of 2023, Sanjay Goel Vs. Ashwani Goel, as early as possible, within a stipulated time fixed by this Court. 2. It is contention of learned counsel for the petitioner-plaintiff that an Original Suit No.58 of 2023, Sanjay Goel Vs. Ashwani Goel, was filed by the petitioner- plaintiff for partition of a certain property. The respondent-defendant appeared in the said suit and filed his written statements along with a counter claim wherein he has also sought partition of the said suit. 3. It is contended by learned counsel for the petitioner that thereafter the suit has been fixed for framing of the issues vide order dated 15.04.2023 and the date was fixed for 24.04.2023. But for the last more than two years the issues have yet not been framed by the Trial Court i.e., IInd Additional Civil Judge (S.D.), Dehradun. 1 2025:UHC:10305 4. It is further contended by learned counsel for the petitioner-plaintiff that in a case where claim for partition has been accepted by both the parties, nothing substantial has to be done by the Trial Court i.e, IInd Additional Civil Judge (S.D.), Dehradun, still the case is pending for more than two and half years. 5. Having heard learned counsel for the petitioner and have gone through the records of the case, this Court is of the view that a case for a direction is made out in favour of the petitioner. The right of speedy justice is a fundamental right as held by Hon’ble Supreme Court time and again. 6. Accordingly writ petition stands allowed. Learned Trial Court i.e, IInd Additional Civil Judge (S.D.), Dehradun, is directed to decide the Original Suit No.58 of 2023, Sanjay Goel Vs. Ashwani Goel, expeditiously not later than one year from the date of production of certified copy of this order. (Pankaj Purohit, J.) 20.11.2025 SK 2