Court No. - 47
Case :- MATTERS UNDER ARTICLE 227 No. - 3265 of 2019 Petitioner :- Babu Lal Respondent :- Additional Civil Judge (S.D.) And 26 Others Counsel for Petitioner :- Manish Tandon
Hon'ble J.J. Munir,J.
The petitioner who is the plaintiff of O.S. No. 2206 of 2010, Babu Lal vs. Nar Narayan and others pending before the Court of the Additional Civil Judge (S.D.)/ Additional Chief Metropolitan Magistrate, Vth, Kanpur Nagar has come up seeking following material relief:-
"A- Direct the Learned Additional Civil Judge (S.D.)/Additional Chief Metropolitan Magistrate, 5th, Kanpur Nagar (Respondnet no. 1) to decide the Suit No. 2206/2010 "Babu Lal vs. Nar Narayan and others", within the stipulated period may be fixed by this Hon'ble Court."
The suit aforesaid has been filed for relief of permanent prohibitory injunction seeking to restrain the defendant- respondents, their agents, servants and associates from interfering with the plaintiffs possession over the suit property detailed at the foot of the plaint. It is submitted that the defendants have appeared, issues have been struck of which formal issues about valuation and pecuniary jurisdiction have been decided on 13.02.2019, that is to say, the day the issues were struck.
It is submitted that hearing of the suit is lingering on. It is a suit of the year 2010 where issues have been framed as late as on 13.02.2019. Learned counsel for the petitioner submits that the petitioner is 85 years old and wishes to see an end to litigation during his lifetime. The suit is already nine years old and is otherwise ready for hearing.
Looking to the stage of the suit and the fact that the petitioner is a very senior citizen and the nature of the order this Court proposes to pass, this Court, does not consider it expedient to issue notice to the respondents as no decision prejudicial to the interest of any of the respondents or to the favour of the petitioner is being made here. Under the circumstances, the Trial Court is directed to expedite proceedings of the suit being O.S. No. 2206 of 2010, Babu Lal vs. Nar Narayan and others and endeavour to decide the same within a period of six months of date of receipt of a copy of this order.
This petition is allowed in terms of the aforesaid orders.
It is made clear that this Court has not at all expressed its opinion on the merits of the case of either of the parties and it will be for the Trial Court to decide all issues on merits.
Order Date :- 30.4.2019 BKM/-