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Judgment
P.C. Verma, J.—This is a writ petition filed by the petitioner challenging the order dated 23..1.2002, passed by the appellate Court in Misc. Civil Appeal No. 54 of 2001. The appeal arose against the order dated 3.5.2001 passed in Original Suit No. 433 of 2000, by which the application under Order XXXIX, Rules 1 and 2 of the CPC was rejected, holding that it was a common passage as shown in the partition deed. However, the appellate Court after perusal of the objections, though came to the conclusion that it was a common passage used since long, yet passed the impugned order restraining the defendants from opening fresh doors for the use of the passage.
Heard Sri V.K. Kohli, learned counsel for the petitioner as well as Sri S.K. Jain, learned counsel for the respondent Nos. 2 and 3. Both the learned counsel for the parties agreed that the petition may be disposed of finally with a direction that the Civil Judge (Sr. Division), Dehradun, may decide the suit within a reasonable shortest possible time and in the meantime, the parties may use the passage through the old existing doors. Any opening made during the pendency of the suit shall be used subject to the final decision of the trial. Therefore, the trial court is directed to decide the Suit No. 433 of 2000 within a period of three months from today, if possible.
The petition is disposed of accordingly.