IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 988 of 2010. 1. Ram Sukh S/O Sri Mangal, 2. Prem Singh S/O Sri Paltu, 3. Ved Prakash S/O Sri Mahesh, All r/o village Niranjanpur, District Dehradun. … Petitioners. Vs. Puran Chand Gupta, S/O Sri Raghunath Dass, R/O 33, Arhat Bazar, Dehradun and 14 others. …Respondents. Mr. A.Rab Advocate, learned counsel for the petitioner. Date June 25, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the petitioners and perused the record. By means of this writ petition, the petitioners have sought a writ in the nature of mandamus directing the III Additional Chief Judicial Magistrate Dehradun to expedite the disposal of Misc. Case No. 4 of 2010, Ramsukh and others Vs. Puranchand and others (Annexure-11) within a time bound period. According to the petitioners, the respondent nos. 1 to 10 filed a suit for a decree of permanent injunction against the petitioners and respondent nos. 11 to 15, which was registered as Original Suit No. 436 of 2006, Sri Puran Chand Gupta and others Vs. Sri Pravesh Mittal and others in the court of Civil Judge (Senior Division) Dehradun. The suit proceeded and issues were framed on 6-7-2007 and the suit was fixed for evidence. On 22-10-2008, the suit was transferred to the court of II Additional Chief Judicial Magistrate Dehradun and, subsequently, the said suit was transferred to the file of III Additional Chief Judicial Magistrate Dehradun, but no information of transfer was given to the petitioners. 2 It appears that on 16th March 2009, the suit proceeded ex parte and on 16-3-2009, the suit was decided on compromise entered upon between the plaintiffs and the defendant nos. 1 to 4. It also appears that the petitioners filed an application under Order 9, Rule 13 C.P.C. for setting aside the ex parte judgment and decree dated 16-3-2009, which was registered as Misc. Case No. 5 of 2009. The said Application (Misc. No. 5 of 2009) was dismissed in default of the applicants-petitioners on 19-4-2010. The petitioners, therefore, moved an application for restoration of Misc. Case No. 5 of 2009. The restoration application has been registered as Misc. Case No. 4 of 2010. The said application is still pending for disposal. The grievance of the petitioners is that the opposite parties-plaintiffs are adopting dilatory tactics to linger on the matter and the petitioners are apprehending irreparable loss. Learned counsel for the petitioners has urged that a direction may be issued to the court concerned to expedite the hearing of the restoration application within a time frame. Prayer is innocuous. The III Additional Chief Judicial Magistrate/Addl. Civil Judge (Senior Division) Dehradun is directed to decide the Misc. Case No. 4 of 2010 arising out of Misc. Case No. 5 of 2009, Ramsukh and others Vs. Puran Chand Gupta and others, pending in that court, expeditiously, preferably within a period of three months, in accordance with law, after hearing all the parties. With the above direction, the writ petition is disposed of finally. (B.S.Verma,J.) RCP