Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the petitioner.
The petitioner and the respondent no.5 are real brothers and according to the disclosure made they are very aged and above 80 years.
The grievance raised is that the petitioner has succeeded in getting funds under the Indira Gandhi Awas Yojna and for the construction of his portion of the house which is stated over Abadi land, obstructions have been created by the respondent no.5 in raising constructions.
It also appears that the respondent no.5 has filed a Civil Suit of partition being Civil Suit No.153 of 2015 Sahtoo Vs. Mahangu which is stated to be pending before the learned Civil Judge Junior Division, Ambedkar Nagar, where a written statement has been filed by the petitioner.
We have considered the submissions raised and the prayer made in this writ petition is that a mandamus be issued to provide adequate security to the petitioner for construction of the petitioner's house. The nature of the dispute is a usual dispute between two real brothers in a rural area. It is unfortunate, that two aged brothers are now disputing each others rights over the said abadi land and the unfortunate part is that such a litigation of a civil suit would ordinarily not terminate at least during their life time.
It is in this back ground that we hereby issue a direction to the learned Civil Judge Junior Division, Ambedkar Nagar in exercise of the powers conferred on us under the Constitution read with Section 89 of the Civil Procedure Code that the learned Civil Judge Junior Division would explore the possibility of an immediate resolution of the dispute by sending the matter to the Mediation Centre.
The petitioner and the respondent no.5 shall appear before the learned Civil Judge Junior Division, Ambedkar Nagar on 01.04.2016.
A copy of this order shall be placed by the petitioner on the record of the said civil suit and the learned Civil Judge Junior Division, Ambedkar Nagar shall act accordingly. In the event the parties consent for sending the matter for mediation, keeping in view the provisions of section 89, the matter shall be immediately transmitted to the Mediation Centre and the Court hopes and expresses trust in the petitioner and the respondent no.5 that they will try to resolve their dispute amicably at least during their life time.
With these observations, the writ petition is disposed of.
Order Date :- 17.3.2016 Shahnaz