Heard learned counsel for the petitioner and perused the record. An innocuous prayer has been sought through this writ petition seeking direction to Additional District Judge, 5th Bareilly to dispose of the Civil Appeal No. 161 of 1995 which is pending before the said Court.
The proceedings were initiated in the year 1967 and now more than 43 years have passed and the dispute has not been resolved so far.
Even the appeal is pending disposal for the last 5 years.
The present grievance of the petitioner for approaching this Court is that respondent nos. 3 to 5 are going to dispose of and alienate the property. The purpose of litigation would be frustrated which is pending in the court below for the last more than 32 years.
In view of above the Additional District Judge, 5th Bareilly must dispose of the appeal No. 161 of 1995 expeditiously without granting any unnecessary adjournments.
Till the disposal of the said appeal the opposite parties 3 to 5 are restrained from disposing of the property, changing the nature of the property and alienating the same.
Court below shall make all endeavour to dispose of the matter within 6 months from the date of production of a certified copy of this order.
With the above direction, the petition is disposed of finally.
Order Date :- 14.6.2010 Sh