IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 1086 of 2009 (M/S) Shri Govind Ram Bhatt S/o Late Shri Mahanand Bhatt, R/o 334/385, Old Dalanwala, Dehradun. ………. Petitioner Versus Shri Sanjay Bhatt S/o Shri Govind Ram Bhatt, R/o Bindal Colony, Idgah Marg, Prakash Nagar, Dehradun. …….. Respondent ………………… Sri I.P. Kohli, learned counsel for the petitioner. Date July 14, 2009 Hon’ble B.S.Verma, J. By means of this petition, the petitioner has sought writ in the nature of mandamus commanding the District Judge, Dehradun to expeditiously decide the Misc. Civil Appeal No.36 of 2009, Shri Govind Ram Bhatt versus Shri Sanjay Bhatt within the time as fixed by this Court. 2. According to the petitioner, he is senior citizen of more than 80-year-old. The suit has been filed by the petitioner for permanent injunction and application under Order 39 Rule 1 & 2 C.P.C. has also been filed alongwith the suit. The Civil Judge (Jr. Division), 2 Dehradun disposed of the said application under Order 39 Rule 1 & 2 C.P.C. on 06.02.2009 directing the parties to maintain status quo. Aggrieved by the order of status quo, the petitioner preferred appeal under Order XLIII Rule 1 (r) C.P.C. before the District Judge for modification of order dated 06.02.2009 passed by trial court. The said appeal was registered as Misc. Civil Appeal No.36 of 2009, which is pending for disposal. It is alleged by the petitioner that the respondent is getting the case adjourned on one pretext or the other while he is reluctant in getting the same heard finally. 3. The prayer is innocuous, deserves to be accepted. The writ petition is disposed of finally with the direction to the learned District Judge, Dehradun to expedite the hearing of Misc. Civil Appeal No. 36 of 2009, Govind Ram Bhatt versus Sanjay Bhatt and decide the same as far as possible preferably within a period of one year from the date of production of certified copy of this order. (Interim Relief Application No.5849/2009 stands disposed of accordingly.) (B.S.Verma,J.) 14.07.2009 P.Singh