Sheikboudhou Jimmy vs District Judge and Another

V.K. Bist, J.—Heard learned Counsel for the parties.

As per office report service is sufficient on respondent No. 2. Inspite of service none is present for respondent No. 2.

Present writ petition has been filed for the following reliefs:

(a) Issue a writ order or direction in the nature of mandamus commanding/directing the learned District Judge, Tehri Garhwal (i.e. respondent No. 1) to decide the suit No. 45 of 2007, Sheikboudhou Jimmy vs Shri Manas Ranjan Sahooat the earliest possible preferably within a specified period prescribed by this Hon''ble Court.

(b) Issue a suitable writ order or direction which this Hon''ble Court may deem fit and proper in the circumstances of the case be passed in favour of the petitioner.

(c) Award the cost of the petition in favour of the petitioner.

Learned Counsel for the petitioner states that written statements have already been filed on behalf of defendant. He further submits that respondent No. 2 is taking unnecessary adjournment in the case and suit is pending in the court of District Judge, Tehri Garhwal for last two and half years. He also submitted that petitioner is a foreign national and resident of French West Indies, who is required to come India to attend his case. Due to unnecessary adjournment, the petitioner is bound to suffer loss and inconvenience. He prayed that District Judge, Tehri Garhwal be directed to decide the case.

Prayer made by learned Counsel for the petitioner appears to be genuine and is allowed. Learned District Judge, Tehri Garhwal is directed to decide the suit No. 45 of 2007 Sheikboudhou Jimmy v. Manas Ranjan Sahoo expeditiously, preferably within a period of six months.

With this direction, the writ petition is disposed of.