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Judgment
By means of present writ petition, the petitioners seek to issue a writ, order or direction in the nature of certiorari setting aside the impugned order dated 01.11.2014, passed by learned Civil Judge (Sr. Div.), Dehradun, in O.S. no. 396 2012, Harish Chander Batra and another vs Pramod Sekhri and others (Annexure 13 to the writ petition).
Learned counsel for petitioners submitted that the writ petition may be disposed of; stay granted earlier by this Court be vacated; learned trial court be directed to expedite the disposal of O.S. no. 396 of 2012 and the suit property in respect of which the relief has been sought by the respondent nos. 1 and 2 may be clarified. It is further submitted by learned counsel for the petitioners that order dated 06.12.2012, passed by learned trial court on application paper no. 6C-2, may kindly be affirmed.
The respondents cannot have any objection to such proposal of the petitioners and, therefore, learned counsel for the respondents responded positively to the same by not opposing such prayer of the petitioners.
Order impugned dated 01.11.2014 is hereby affirmed. It is clarified that the relief sought by the plaintiffs-petitioners in the suit is only in respect of following Schedule of Property:
All that space measuring 3''6" by 3''6" earmarked at the south east end of the ground floor portion of the property bearing Nagar Nigam no. 65, Rajpur Road, Dehradun for leading stair case from ground floor to the first floor of the property belonging to the plaintiffs.
Interim order dated 08.09.2015, passed by this Court, is vacated.
Learned trial court shall make an endeavour to decide Original Suit no. 396 of 2012, Harish Chander Batra and another vs Pramod Sekhri and others, pending before it, at an early date, in accordance with law, without granting unnecessary adjournments to either of the parties. Order dated 06.12.2012, passed by learned trial court, on application paper no. 6C-2 is modified to the extent as above. Temporary injunction application is allowed in respect of aforesaid property.
Writ petition thus stands disposed of.