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2025 DAILYLAW 4054 (UTT)

SANJAY KUMAR BAMOLA v. ISHWAR CHAND BAMOLA

WPMS/822/2025 · 2025-04-01

Ravindra Maithani

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 822 of 2025 (M/S) Shri Sanjay Kumar Bamola ….......Petitioner Vs. Shri Ishwar Chand Bamola …….....Respondent Present : Ms. Kaavya Shandilya and Ms. Divya Jain, Advocates for the petitioner. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The petitioner seeks directions for expeditious disposal of Execution Case No.9 of 2020, Sanjay Kumar Bamola vs. Ishwar Chand Bamola, pending in the court of Civil Judge (Jr. Div.), Dehradun. 2. Heard learned counsel for the parties and perused the record. 3. Cases may not be expedited on mere filing of a petition. Cases are prioritized and listed according to the pendency of cases in a particular court. Simply because some litigant approaches this Court, a case may not be prioritized. This is one aspect of the matter. Another aspect of the matter is that every case needs expeditious disposal. But then, as stated, cases are prioritized based on the age of the cases, position of the parties, etc. Even otherwise, in the case of Periyammal (Dead) through LRs. 2 and Others vs. V. Rajamani and another, 2025 0 Supreme (SC) 461 in Civil Appeal Nos.3640-3642 of 2025 (arising out of SLP (C) Nos.8490-8492 of 2020), decided on 06.03.2025, the Hon’ble Supreme Court in para 75 of the judgment has observed that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. 4. This Court has no doubt that the court concerned should make endeavour to decide cases pending in the court as expeditiously as possible, as per priority and pendency of the cases in that court. 5. With the above observation, the writ petition stands disposed of accordingly. (Ravindra Maithani, J.) 01.04.2025 Sanjay