KAMAL PRASAD v. KUMUD VAIDYA
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE PANKAJ PUROHIT
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2024-10-01. KAMAL PRASAD v. KUMUD VAIDYA. Read the judgment and case details on LawSphereX.
Judgment text
2024:UHC:7289 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 2567 of 2024 st 01 October, 2024 Kamal Prasad ……Petitioner Versus Kumud Vaidya and others ……. Respondents ---------------------------------------------------------------------- Presence:- Mr. Vijay Khanduri, Advocate for the petitioner. Mr. Ashish Joshi, Advocate for respondent no. 4, through video conferencing. Mr. Mehul Joshi, Advocate holding brief of Mr. Bhuwan Bhatt, Advocate for respondent no. 5. Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State/respondent no. 8. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. By means of this writ petition, filed under Article 227 of the Constitution of India, petitioner has sought indulgence of this th Court for a direction to learned V Additional District and Sessions Judge, Dehradun to decide the Original Suit No. 3 of 2021 (Old No. 58 of 2020) ‘Kamal Prasad Vs. Kumud D.
Vaidya & others’, as early as possible. 2. It is submitted by learned counsel for the petitioner that a testamentary Original Suit No. 3 of 2021 (Old No. 58 of 2020) ‘Kamal Prasad Vs. Kumud D. Vaidya & others was filed on 11. 11. 2020, which is still pending consideration. 3. The hearing of the Testamentary Case No. 58 of 2020 (New No. 3 of 2021) is being protracted by the respondents for one reason and the other. 4. The petitioner/plaintiff is 75 year old and he wants to get the aforesaid testamentary case decided and want to reap the fruits of the case in his lifetime. 5. Having gone through the complete order sheet, annexed by the petitioner as annexure no. 2 to the writ petition, and having 2024:UHC:7289 considered the facts of the case, keeping in view the old age of the petitioner a direction may be issued to the trial court to decide the aforesaid testamentary case with promptitude. th 6. Accordingly, the writ petition is allowed.
The learned V Additional District Judge, Dehradun is directed to decide the Original Suit No. 3 of 2021 (Old No. 58 of 2020) ‘Kamal Prasad Vs. Kumud D. Vaidya & others’ as early as possible preferably within two years from the date of production of certified copy of this order. 7. Pending application, if any, stands disposed of. (Pankaj Purohit, J. ) 01. 10. 2024 SK SHUBHAMKAPRUWAN Digitally signed by SHUBHAM KAPRUWANDN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,2. 5. 4. 20=a29a2f80b93835a432d093afc472d9355959ee0ff878380c645e17d546a24821,postalCode=263001, st=UTTARAKHAND,serialNumber=B505B049BA2FDAC35E7AE325DEE1505D6C35AF3D290C229CDC609D61801E1E4F, cn=SHUBHAM KAPRUWANDate: 2024. 10. 01 18:16:35 +05'30'
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