Court No. - 9 Case :- MISC. SINGLE No. - 463 of 2010 Petitioner :- Gajraj [ U/A 227 ] Respondent :- District Judge Lucknow And Ors. Petitioner Counsel :- K.D.Shukla Respondent Counsel :- C.S.C. Hon'ble Devendra Kumar Arora,J.
Heard learned counsel for the parties and perused the record.
In view of the proposed order of this Court, there is no need to issue notices to
the private respondents.
By means of this writ petition, the petitioner has sought a writ in the nature of
mandamus commanding the opposite party no. 2 to decide the Regular Suit
No. 250 of 2001 within three months, in the interest of justice.
Submission of learned counsel for the petitioner is that the petitioner filed the
above-noted suit for cancellation of sale deed and injunction. After hearing
stay order was also passed in favour of the petitioner by the court below on
22.5.2001. Issues have been framed and one witness also filed affidavit as
evidence but he was not cross-examined by the opposite parties till
16.5.2005. Further submission of learned counsel for the petitioner is that the
matter is very urgent and the suit is pending since 2001. The petitioner is very
old person and even he is unable to walk and wants that the suit may be
decided in his life time.
Looking into facts and circumstances of the case, without entering into merits
of the case, it is hereby directed that the opposite party no. 2 will hear and
make an earnest endevour to decide the Regular Suit No. 250 of 2001, Gajraj
vs. Indra Pal & another expeditiously, say, within period of six months from
the date of receipt of certified copy of this Order. While deciding the suit, the
court will also take into consideration the pendency and seniority of the case.
With these directions, this writ petition is disposed of finally. No order as to
costs.
Order Date :- 2.2.2010
ashok