Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3074 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS No.1078 of 2026 Hon’ble Rakesh Thapliyal, J.
Mr. Gaurav Pawar, learned counsel holding brief of Ms. Prabha Naithani,
learned counsel for the petitioner.
2. The petitioner, herein, is the defendant in the Original Suit No.339 of 2017 preferred by the respondents for permanent injunction wherein the petitioner being defendant filed an application under Order 7 Rule 11 of C.P.C. for non payment of court fee, but, the same is still pending.
3. It is submitted by learned counsel for the petitioner that the suit is pending since, 2017 and almost nine years have been passed, but, neither the application moved under Order 7 rule 11 of C.P.C. has been decided nor the suit has been expedited and on one pretext to another, the plaintiffs are regularly seeking adjournments.
4. The relief, as sought, appears to be innocuous.
5. In such view of the matter, the instant writ petition is disposed of finally with the direction to the learned Civil
2026:UHC:3074 Judge (Senior Division), District Dehradun to decide the application moved under Order 7 Rule 11 of C.P.C. by the defendant who are the petitioner herein, as expeditiously as possible, preferably within six weeks from the date of production of certified copy of this
order.
6. Since, the matter is pending from the year 2017, it is made clear that while deciding the application under Order 7 Rule 11 of C.P.C., the trial court shall not give any unnecessary adjournments to either of the parties.
(Rakesh Thapliyal, J.)
23.04.2026
Shiv/Pant