IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 410 of 2007 R.P. Dutta S/O Sri M.P. Dutta, R/O 61 Basant Vihar Phase II, District Dehradun. … Petitioner. Versus District Judge, District Dehradun and two others. …. Respondents. Sri Sharad Sharma, Senior Advocate, with Ms. Indu Sharma, Advocate, learned counsel for the petitioner. Sri Gopal Narain Srivastava, learned Brief Holder for the respondent no.1& 2. Sri I.P. Kohli, Advocate, learned counsel for the respondent no.3. Date June 11, 2009. Hon’ble B.S. Verma, J. Heard learned counsel for the parties and perused the record. This writ petition has been preferred for issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 17-4-2007 and 19-2-2007 passed by respondent nos.1 and 2 respectively annexed as Annexure Nos. 7 and 9 to writ petition. By the order dated 19-2-2007, the trial court has allowed the application for amendment (paper no. 57-A) moved by the defendant for amendment in written statement. By the order dated 17-4-2007, the revisional court has dismissed the Civil Revision Nos. 73 of 2007 R.P. Dutta Vs. Gurmeet Singh and Civil Revision No. 74 of 2007, Smt. Indumani Dutta Vs. Gurmeet Singh by a common order. In the course of argument, learned counsel for the respondent no. 3 has submitted that the controversy involved in the present writ petition stands revolved the order dated 26-3-2009 passed by this Court in Writ Petition No. 408 of 2007 (M/S) Smt. Indu Mani Dutta Vs. District Judge, District Dehradun and others. Learned counsel for the respondent no. 3 also contended that the petitioner of the present writ petition has challenged the same order dated 17-4-2007 passed by the District Judge Dehradun, whereby Civil Revision No. 73 of 2007 and Civil Revision No. 74 of 2007 were decided by a common order. Learned counsel for the respondent no. 3 has urged that the present writ petition may be dismissed in terms of the order dated 26-3-2009. Learned counsel for the petitioner has fairly conceded that the controversy involved in the present writ petition is similar to the controversy involved in Writ Petition (M/S) No. 408 of 2007. I have perused the order dated 26-3-2009 wherein the following observations have been made by this Court while dismissing the writ petition is limine:- “It must be clearly observed that that permission granted for amendment of the written statement by incorporation of counter claim does not amount to deciding the issues of controversy on merits. Whatever counter claim has been introduced by the defendant-respondent no.3 by way of amendment shall be adjudicated upon its own merit and in accordance with law. The learned Trial Court is also directed to dispose of the suit expeditiously.” Accordingly, the present writ petition is dismissed in limine in terms of the order dated 26-3-2009 passed in Writ Petition No. 408 of 2007(M/S) Smt. Indu Mani Dutta Vs. District Judge, District Dehradun and others. The trial court is directed to decide the Original Suit No. 564 of 2001, R.P. Dutta Vs. Sardar Gurmeet Singh expeditiously. (B.S. Verma, J.) RCP