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2025 DAILYLAW 5142 (UTT)

DHANRAJ SONKAR v. RAMESH KUMAR MAURYA

WPMS/1057/2025 · 2025-04-15

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2739 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1057/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma and Ms. Suraiya Naz, learned counsel for the petitioner. 2. By the instant writ petition, the petitioner is praying for the following relief: “Issue a writ, order or direction in the nature of mandamus commanding learned Civil Judge (Junior Division), Haldwani is expedite and conclude the proceedings of Misc. Civil Suit No. 22 of 2020 (Ramesh Kumar Maurya Vs. Dhanraj Sonkar and others) pending in the court of Civil Judge (Junior Division), Haldwani, Nainital expeditiously within a period of three months or within a period as stipulated by this Court.” 3. The contention of the petitioner is that respondent / plaintiff Ramesh Kumar Maurya instituted a suit for permanent injunction i.e. Civil Suit No. 22 of 2020 in which petitioners are defendants. In the said suit an application for seeking temporary injunction was moved and rejected against which appeal was also preferred that too was also dismissed and now, under the garb of pendency of suit, respondent is creating hindrance in peaceful possession of the petitioners over the land in question. He further submits that the suit is pending since 2020 in the court of Civil Judge (Junior Division), Haldwani, Nainital. 4. After taking into consideration that civil suit is pending since 2020, in which, temporary injunction application was rejected and appeal was also dismissed, this Court is of the view that learned Civil Judge should be expedite the suit at the earliest. Accordingly, the Civil Judge (Junior Division), Haldwani, Nainital is directed to expedite and conclude the Civil Suit No. 22 of 2020 (Ramesh Kumar Maurya Vs. Dhanraj Sonkar and others) as early as possible preferably within six months from the date of production of certified 2025:UHC:2739 copy of this order. 5. Subject to the directions as above, writ petition is disposed of finally. (Rakesh Thapliyal, J.) 15.04.2025. SKS