HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition no. 1142 (M/S) 2006 Sh. Navdeep Mehta S/o Sh. Jagdish Pal Mehta, Resident of 110/113, Tilak Marg, Rishikesh, District Dehradun. -- Petitioner. Versus 1. 1st Addl. Civil Judge (Sr. Div.), Dehradun, 2. Sh. Sanjay Kumar Sharma S/o late Sh. Om Prakash Sharma, Resident of 8 Bangali Mandir Marg, District Dehradun. --Respondents. Hon’ble M.M. Ghildiyal, J. Heard Sri I.P. Kohli, learned counsel for the petitioner and Sri N.P. Shah, learned Standing Counsel for the State of Uttaranchal/respondent no.1. This writ petition has been filed by the petitioner seeking following reliefs:- i. To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to decide the S.C.C. Suit no. 46 of 2000 Sh. Navdeep Mehta vs. Sh. Sanjay Kumar Sharma within three months from the date of issue of order by this Hon’ble Court or as is deemed proper by this Hon’ble Court under the facts and circumstances of this case, ii. To issue any other writ, order or direction as deemed fit and proper under the circumstances of the case, iii. To award cost of the petition throughout. The facts, in brief, are that the petitioner has filed a S.C.C. Suit against the respondent no. 2 on 07.11.2000 for realization of rent as well as ejectment of the defendants from the shop in dispute. The said suit was registered as S.C.C. Suit no. 46 of 2000 Sri Navdeep mehta vs. Sanjay Kumar Sharma. On 02.08.2004 the evidence of the petitioner was recorded and the case was fixed for the cross-examination of the petitioner. It is contended that since the month of August 2004 almost two years have been passed, however the case is being adjourned on behalf of the respondent no. 2 on one pretext or the other. In the circumstances, the petitioner has prayed that the 1st Addl. Civil Judge (Sr. Div.), Dehradun may be directed to decide the S.C.C. Suit no. 46 of 2000 Sri Navdeep Mehta vs. Sanjay Kumar Sharma within the period prescribed by the Court. On the facts and circumstances mentioned above, I deem it fit and proper to direct the 1st Addl. Civil Judge (Sr. Div.), Dehradun to decide the S.C.C. Suit no. 46 of 2000 Sri Navdeep Mehta vs. Sanjay Kumar Sharma, as expeditiously as possible. Interim Application no. 10842/06 stands disposed of accordingly. With this direction, the writ petition is finally disposed of. (M.M. Ghildiyal, J.) August 24, 2006: NCM: