Surender Singh Vs Mohd. Yusuf

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition No. 1448 (M/S) of 2013

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Sudhir Jain S/o Sri A.P. Jain -Petitioner

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Versus

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Rajesh Suri, 2. Raj Kumar Suri - Respondents

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Hon’ble B.S. Verma, J. (Oral).

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Heard Ms. Divya Jain holding brief of Mr. I.D. Paliwal, Counsel appearing on behalf of the petitioner.

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By means of this petition the petitioner has sought a writ in the nature of mandamus commanding the Additional District Judge/FTC 5^th , Dehradun to decide the O.S. No. 201 of 2003, Rajesh Suri and another vs. Sudhir Jain, expeditiously, within a stipulated period.

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Earlier W.P. No. 1634 (M/S) of 2011, Sudhir Jain Vs. Rajesh Suri and another was also filed for issuance of direction for expeditious disposal of O.S. No. 201 of 2003, and direction was issued by this court for expeditious disposal of the suit and parties were also directed to cooperate with the expeditious disposal of the case. A perusal of the order sheets annexed with this writ petition shows that the plaintiffs-respondents are not cooperating in expeditious disposal of the suit and the case is being adjourned on one pretext or the other. The suit is pending since the year 2003.

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Therefore, in the peculiar facts and circumstances of the case the Additional District Judge/FTC 5^th Dehradun, is directed to expedite the hearing of O.S. No. 201/2003, which is pending before him and decide the same expeditiously as far as possible, preferably, within a period of one year, from the date of production of certified copy of this order. Unnecessary adjournment shall be avoided and parties are directed to cooperate in the expeditious disposal of the case.

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With the above direction the writ petition is disposed of finally.

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(B.S. Verma, J.) 28-06-2013

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ISB

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Surender Singh v. Mohd. Yusuf

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Surender Singh v. Mohd. Yusuf

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