IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 264 of 2006 (M/S) Bhartu …………Petitioner Versus Raju @ Rajendra ……….Respondent Shri Mahavir S. Tyagi, learned counsel for the petitioner. Shri R.K. Verma, Advocate, holding brief of Shri K.S. Verma, learned counsel for the respondent. Dated: 20 April, 2010 Hon’ble V.K. Bist, J. Present writ petition has been filed by the petitioner for quashing & setting-aside the impugned order dated 07.03.2006 passed the learned Civil Judge (Jr.Div.) Laksar in Civil Suit no. 178 of 1999, Bhartu Vs. Raju, by which the application of the petitioner/plaintiff for framing of issues on the basis of counter claim was rejected. The civil suit no.178 of 1999 was instituted by petitioner/plaintiff for permanent injunction against the defendant/respondent in respect of property in question. Defendant/respondent filed his written statement and also made a counter claim on the basis of Will executed by Govind Sahai in favour of Late Lekhraj-father of he respondent. In his written statement the defendant/respondent also denied the ownership of the petitioner over the property in dispute. Thereafter, the petitioner/plaintiff moved an application for framing of issues on the basis of said counter claim, which was rejected by the learned Civil Judge (Jr.Div.) Laksar on 07.03.2006 against which the petitioner has filed present writ petition. It is an admitted fact that the defendant/ respondent filed the written statement and also counter claim on the basis of a Will executed in favour of late Lekhraj-father of respondent for the ownership on the disputed property. The Trial Court should have framed relevant issue on the basis of counter claim, as without framing any issue on the basis of counter claim as well as on the written statement, the claim raised by the respondent could not be decided. In view of aforesaid discussion, the writ petition is allowed. The impugned order dated 07.03.2006 is set- aside. The trial court is directed to frame issue on the basis of counter claim as well as on written statement. Learned trial court is also directed to decide the suit expeditiously. (V.K. Bist, J.) 20.04.2010 Arpan