Heard Shri Shiva Kant Tiwari, learned counsel for the petitioners and perused the record.
Notice to opposite party is dispensed with.
This writ petition has been filed with the following prayers:
(i) issue a writ, order or direction in the nature of mandamus thereby directing the court below to decide Regular Suit No.118 of 2006 at the earliest or within a reasonable time framed which this Hon'ble Court may deem just and proper to meet the ends of justice;
(ii) any other order or direction which this HOn'ble Court may deem, just and proper under the circumstances may also be passed by this Hon'ble Court;
(iii) allow the writ petition with costs.
Shri Tiwari has submitted that the petitioners are the owners and in possession over plot No.204, situate in village Islambadi, as is evident from the extract of Khatauni and Khasra, Annexure nos.1 and 2 to the writ petition. It has also been submitted that opposite party is the owner of various plots adjoining to the plot of the petitioners and intends to raise construction over it and has also filed Civil Suit NO.118 of 2006 in the Court of Civil Judge (Senior Division), Malihabad, Lucknow and the learned Civil Court, vide order dated 05.09.2006, had ordered the parties to maintain the status quo but despite that the opposite party is trying to raise construction over the petitioners' plot. Shri Tiwari further submits that the defendants, petitioners herein, have filed their written statement before the Civil Court and issues have also been framed and since during the summer vacation the Civil Court is not functioning, therefore, this writ has to be filed.
In view of above, the learned Court below is directed to make endeavour to dispose of Suit No.118 of 2006 expeditiously, if possible, within a year from the date a certified copy of this order is produced before it and to ensure that its order dated 05.09.2006 is being complied with by the parties.
With the above observation, the writ petition is disposed of finally.
Order Date :- 21.6.2010 ank