IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1340 of 2009 (M/S) [ Kurban Ali S/o Ali Hassan R/o Mohalla Kila Manglour Pargana Manglour, District Haridwar. ...…………. Petitioner Versus 1. Dharma Chand S/o Bahadur Chand R/o GSDSC Sub Area, Head Quarter, Lucknow. Presently residing at Tehsil Roorkee, District Haridwar. 2. Vinay Jain S/o Virendra Kumar Jain R/o 173 / 6, 2, 35, Civil Lines, Roorkee, Haridwar. 3. Anil Kumar S/o Tulsi Ram R/o 759 Ambar Talab, Roorkee, District Haridwar. 4. Bhudev Singh S/o Jyoti Prasad R/o Village Sherpur, Khelmaou Pargana Manglour, Tehsil Roorkee, District Haridwar Presently residing at 153, Matawala Bagh, Purani Tehsil Roorkee, District Haridwar. ...………… Respondent Mr. B.B. Sharma, Advocate for the petitioner. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioner. 2) By means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the 2 trial court [Civil Judge (Senior Division) Roorkee, District Haridwar] to dispose of the Applications No. 12-C and 68-C, moved on behalf of the defendants, for issuance of survey commission. 3) Learned counsel for the petitioner submitted that the trial court has not disposed of said applications and proceeded with the case. 4) Having considered submissions of learned counsel for the petitioner and after going through the papers on record, this petition is disposed of summarily with the direction to the trial court that the un-disposed of Applications No. 12-C and 68-C be decided, either way. (Interim Relief Application No. 7090 of 2009 also stands disposed of). (Prafulla C. Pant, J.) Dt. August 20, 2009. H. Negi 3