Heard Sri Shailesh Kumar Pathak, learned counsel for the petitioner and perused the record.
In view of the order proposed to be passed, notices to opposite party nos. 2 to 6 are dispense with.
The present writ petition has been filed for issuance of a direction to the Civil Judge (Junior Division) North, Court No.25, Sultanpur to decide the Regular Suit No. registered as Original Suit No.285 of 2013 (Bhola Nath Dhobi Vs. Ram Kewal & others), which was filed on 02.07.2013, expeditiously.
The learned counsel for the petitioner submitted that the petitioner/plaintiff is aged about 76 years and the suit of the petitioner is still pending disposal before the opposite party no.1. The pleadings between parties have been exchanged and the issues have been framed and after the decision on the issue of valuation, the Trial Court fixed the matter on 14.05.2015 for evidence.
The learned counsel for the petitioner further submitted that the petitioner/plaintiff has filed his evidence through affidavit on 22.11.2016 thereafter, the case was fixed for cross-examination by the defendants. On 24.03.2017, partial cross-examination of petitioner, PW-1, was done by the defendants and thereafter, several dates were fixed in the suit but the cross examination of the petitioner/plaintiff-P.W.-1 has not been completed despite of last opportunity given to the defendants for cross-examination of petitioner, PW-1, fixing 04.11.2017, vide order dated 26.07.2017.
In view of the above, prayer is to grant the reliefs sought.
Keeping in view the aforesaid facts as well as the age of the petitioner i.e. 76 years, the writ petition is disposed of with a direction to the opposite party no.1-Civil Judge, (Junior Division) North, Court No.25, Sultanpur to make an endevour to decide the Original Suit No.285 of 2013 (Bhola Nath Dhobi Vs. Ram Kewal & others) filed by the petitioner/plaintiff expeditiously, say within a period of one year, if possible, from the date of production of certified copy of this order.
Order Date :- 30.8.2019 Vinay/-