Heard learned counsel for the petitioner. Copy of the writ petition is received in the office of learned CSC. Learned Addl. CSC is present for the State to respond the petition.
The present writ petition is moved under Article 227 of the Constitution of India for issuing a direction to opposite party no.1-learned Civil Judge (South), Junior Division, Lucknow to expedite the hearing and conclude the proceedings of Regular Suit No.1263 of 2017 (Smt. Shakuntala Sikka (Dead) and another Vs. Sri Hari Ram and others).
Learned counsel for the petitioner submits that despite the passage of more than two years from the date of institution and till date even the issues have not been framed in the matter despite fixing of more than six dates for the same.
Learned counsel further submits that the father of the petitioner was tenant of Lucknow Development Authority in the property in question and pursuant to the policy of the Government, the petitioner acquired ownership of the property vide registered sale deed dated 01.03.2005. The opposite party no.3 was domestic help of the family of the petitioner since a long and in addition to her renumeration, was allowed to live with her family-opposite party nos.2 to 6 in lieu of her services. Subsequently, the opposite party no.3 left the services of the family of the petitioner and despite repeated requests and reminders of the plaintiffs, the opposite party no.3 failed to vacate the said portion in her occupation. Thereafter, opposite party no.2 filed a suit for permanent injunction on 21.03.2005 against the Lucknow Development Authority and the petitioner. The plaintiffs were never served any notice in the said matter and the same proceeded exparte. The said suit was dismissed by the opposite party no.1 vide judgment and order dated 10.07.2012. Against the said judgment, an Appeal-Regular Civil Appeal no.224 of 2012 was filed by the opposite party no.2 which was finally decided on 04.04.2017 against which presently a review petition bearing Misc. Case No.659 of 2017 is pending.
Learned A.C.S.C. appearing on behalf of the State would have no objection, if any such direction is issued to the Court concerned for deciding the matter within a time limit specified by the Court.
Accordingly, opposite party no.1-learned Civil Judge (South), Junior Division, Lucknow is directed to decide the Regular Suit No.1263 of 2017 (Smt. Shakuntala Sikka (Dead) and another Vs. Sri Hari Ram and others), pending before him, after hearing the parties in accordance with law, on the basis of facts, materials and evidences available on record within a reasonable period not beyond 90 days from the date, certified copy of the order is produced before it.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 19.12.2019 kkv/