RAMESH CHANDRA SHARMA Vs. KARAM CHAND

JUDGEMENT

(1.) Pursuant to the previous order dtd. 13/12/2023, the Assistant Collector, First Class, Kaladhungi, District Nainital is present before this Court alongwith the original record of the Revenue Suit No.22/67 year 1984-85 Ramesh Chandra Sharma Vs. Karam Chand and others.

(2.) The Assistant Collector, First Class, Kaladhungi was called by this Court alongwith original records for the reason that according to the petitioner-plaintiff, the revenue suit was filed in the year 1984 and despite the expedition order passed by this Court and even after the contempt petition against the non-expediting the hearing of the suit, the suit is still pending, which necessitated the filing of the present writ petition under Article 227 of the Constitution of India.

(3.) From the perusal of the record, it reflects a chequered history in the matter. There is no denial of this fact that the suit was filed in the year 1984, but, due to filing of a transfer application in the suit, the matter remained pending since 1987-88 before the Court of Commissioner, Nainital and it is only after the said transfer application was not pressed, the suit hearing was again started in the year 1988, but, unfortunately, the suit was dismissed for default on the part of the petitioner-plaintiff.