Allahkafi v. Abdul Sami
Case brief
What is this about?
of 2020 Hon'ble R.C. Khulbe, J. Mr. T.A.…
What did the court decide?
Direction to the 2nd Additional District Judge, Dehradun to hear Misc. Civil Appeal No.108 of 2019 on merits on 25.01.2020.
of 2020 Hon'ble R.C. Khulbe, J. Mr. T.A.…
Direction to the 2nd Additional District Judge, Dehradun to hear Misc. Civil Appeal No.108 of 2019 on merits on 25.01.2020.
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WPMS No.160 of 2020 Hon'ble R.C. Khulbe, J.
Mr. T.A. Khan, Senior Advocate, present for the petitioner.
Mr. Neeraj Garg, Advocate, for the respondents.
From the perusal of the record, it appears that the Civil Suit No.337 of 2019 was filed before the Civil Judge (Junior Division) Dehradun, in which interim stay was granted by the court below vide order dated 21.11.2019. Aggrieved, the respondent no.3 – Zamil Ahmad had preferred a miscellaneous civil appeal being Misc. Civil Appeal No.108 of 2019, in which the Incharge District Judge, Dehradun vide its order dated 18.12.2019 admit the miscellaneous appeal and had stayed the operation and effect of the order dated 21.11.2019 passed by the Civil Judge (Junior Division) Dehradun.
Today both the learned counsels for the parties pray that a direction may be given to the Appellate Court to decide the Miscellaneous Civil Appeal No.108 of 2019 as expeditiously as possible, which is listed on 25.01.2020 before the 2nd Additional District Judge, Dehradun.
Accordingly, the present writ petition filed under Article 227 of the Constitution of India is disposed of finally with a direction to the 2nd Additional District Judge, Dehradun to hear the Miscellaneous Civil Appeal No.108 of 2019 on merits on 25.01.2020.
Let a certified copy of this order be supplied today itself on payment of usual charges.
(R.C. Khulbe, J.) Vacation Judge 22.01.2020
Nitesh/
Petitioner
Respondents
R.C. Khulbe
As recorded by the court registry
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