IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.374 of 2010 (M/S) J.C. Chaudhary .…Petitioner Versus Smt. Vandana Sundra … Respondent Mr. B.S. Adhikari, learned counsel for the petitioner. None for the respondent. Hon’ble V.K. Bist, J. Present writ petition has been filed by the petitioner for direction to learned Civil Judge (Sr. Div), Dehradun to decide the O.S. No.407 of 2009, J.C. Chaudhari vs. Vandana within a stipulated time as per provisions of Order 17 of C.P.C. and Rule 79 of the General Rule (Civil) 1957. On 23.03.2010 notice was issued to respondent fixing 19.04.2010. As per office report, service is sufficient on respondent. Inspite of sufficient service, none is present for respondent. Heard leaned counsel for the petitioner. Learned counsel for the petitioner submitted that suit was instituted by the petitioner in the month of July, 2009. Application 6-C2 was also filed by the petitioner in which notice was issued to the defendant/respondent. The respondent filed W.S. in the suit but thereafter she did not turn up. He further submitted that on 23.09.2009 an order was passed for ex-parte hearing against the defendant/respondent. Thereafter, she moved an application 2 for recalling the order dated 23.09.2009. But again she did not appear in the court. After hearing learned counsel for the petitioner and after examining the order sheet in O.S. No.407 of 2009, this Court thinks it proper to direct the Civil Judge (Sr. Div), Dehradun to hear and decide the O.S. No.407 of 2009 expeditiously. Therefore, the Civil Judge (Sr. Div), Dehradun is directed to decide the O.S. No.407 of 2009 expeditiously. With this direction, the writ petition is disposed of. (V.K.Bist. J,) 29.04.2010 Arti 3