IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2147 of 2009 (M/S) Navneet Sharma son of late Pran Krishna Sharma, resident of Garage Marg, Kotdwar, District Pauri, Garhwal. ……Petitioner. Versus Puja Sharma wife of Sri Navneet Sharma, daughter of Amar Lal Mandhian, Presently resident of 2nd Floor Anand Bhawan, Govind Nagar Colony, Kotdwar, District Pauri Garhwal. ……Respondent. Sri Sharad Sharma, Senior Advocate, assisted by Ms. Indu Sharma, Advocate for the petitioner. Date:- December 21, 2009 Hon’ble B.S. Verma J. Supplementary affidavit filed on behalf of the petitioner be taken on record. Heard Sri Sharad Sharma, Senior Advocate, assisted by Ms. Indu Sharma, learned counsel for the petitioner. By means of this writ petition the petitioner has sought a writ in the nature of certiorari for quashing the impugned order dated 9.12.2009 passed by the Family Court (Annexure No. 7 to the writ petition) whereby on the recall application moved by the petitioner before the court below the date has been fixed 15th January 2010 for disposal of it. According to the learned counsel for the petitioner, his child is ill and suffering from attacks of 2 epilepsy and she requires immediate treatment and the petitioner has also offered before the Court that he is ready to make treatments. The application under section 151 C.P.C. was moved before the Trial Court on 9.12.2009 with a prayer to recall the interim custody on the said ground. It is also informed by the learned counsel that the judicial officer concerned dealing with the case is on training, he is not available till 24th of December 2009. In the first week of January, 2010, the officer concerned will be available to take decision on recall application, and if the application is heard on 15.1.2010, it will be too late. The prayer made by the petitioner is innocuous. The Civil Judge, Family Court, Kotdwar is directed to hear the recall application moved by the petitioner 9.12.2009 moved by the petitioner prior to the date fixed, i.e. 15.1.2010 and decide it as expeditiously as possible, preferably within a period of two weeks from the date of the production of the certified copy of this order after hearing both the parties. So far as the service to the opposite party is concerned, the petitioner is given liberty to serve dasti notice on the respondent for appearing before the Judge, Family Court on 2nd January 2010. The petitioner himself shall appear before the Judge, Family Court on the same date. With the aforesaid direction, the writ petition is disposed of finally. All the pending applications stand disposed of accordingly. (B.S. Verma, J.) 21.12.2009 RMY 3