2025:UHC:10949 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3403 of 2025 10th December, 2025 Smt Gayatri Devi ………..Petitioner Versus Sanjay Kumar ………..Respondent ---------------------------------------------------------------------- Presence:- Mr. S.S. Yadav, Advocate for the petitioner. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. (Oral) This writ petition has been filed under Section 227 of the Constitution of India, whereby the petitioner has sought indulgence of this Court for directing the learned trial court i.e., Civil Judge (S.D.), Roorkee, Haridwar, to expedite hearing and disposal of the S.C.C. Suit No.04 of 2020, Smt. Gayatri Devi Vs. Sanjay Kumar. 2. At the outset, it is submitted by learned counsel for the petitioner that the petitioner-plaintiff is 81 years of age and she has filed a suit for eviction and recovery of rent against respondent-defendant on 03.11.2020. 3. Despite service respondent-defendant failed to appear before the lower court i.e., Civil Judge (S.D.) Roorkee, Haridwar, resulting into ex parte proceedings of the S.C.C. Suit No.4 of 2020, Smt. Gayatri Devi Vs. Sanjay Kumar and vide order dated 10.11.2021 the case was fixed for ex parte evidence on 03.01.2022. It is only thereafter the respondent- defendant put in his appearance and moved an Application under Order 9 Rule 7 r/w Section 151 of 1 2025:UHC:10949 C.P.C. to recall the order dated 10.11.2021, whereby the suit was directed to be proceeded ex parte. Accordingly the order dated 10.11.2021 was set aside and the matter was fixed for filing of the written statement and the date was fixed for 14.02.2022. The respondent-defendant filed his written statement and the suit proceeded for determination of the issues on 05.08.2022 and the issues were framed on 22.01.2024. 4. The grievance of counsel for the petitioner-plaintiff is that the for one reason and the other the proceeding of S.C.C. Suit No.04 of 2020 is being lingered on by the respondent-defendant, therefore, she was constrained to file the present petition for expedite hearing of the S.C.C. Suit No.04 of 2020. 5. I have heard learned counsel for the petitioner-plaintiff and have gone through the entire order sheet, annexed by the learned counsel for the petitioner-plaintiff, and from perusal of the said order sheet it is reflected that the respondent-defendant is enjoying his stay on the property, therefore, he is just trying to linger on hearing of the S.C.C. Suit No.04 of 2020. 6. In such view of the matter, learned counsel for the petitioner-plaintiff has succeeded in making out a case for expeditious hearing of the S.C.C. Suit No.04 of 2020. 7. Accordingly writ petition stand allowed. 2 2025:UHC:10949 Learned trial court i.e., Civil Judge (S.D.), Roorkee, Haridwar, is directed to decide the S.C.C. Suit No.04 of 2020, Smt. Gayatri Devi Vs. Sanjay Kumar, expeditiously, not later than six months from the date of production of certified copy of this order. (Pankaj Purohit, J.) 10.12.2025 SK 3