Heard learned counsel for the petitioner as well as learned counsel for the opposite party no.1 and perused the record.
By means of the instant writ petition, petitioner has sought for a writ in the nature of mandamus commanding learned Civil Judge (Senior Division), Lakhimpur Kheri to decide the civil suit C.S. No.463 of 2010, in accordance with law, expeditiously within a short reasonable and fixed period.
Brief facts of the case are that the petitioner filed Regular Suit No. 463 of 2010, for eviction and mandatory injunction together with recovery of damages, in which, the defendants have filed written statement on 03.12.2010. The defendants have claimed possession entitle over the disputed land for the last fifty years, as alleged by the plaintiff. In the suit, the defendant Nos. 4 & 5 have been deleted and suit against defendant No. 3 is proceeding ex-parte. The contesting defendants, who have filed written statement have filed suit for declaration, which was registered as Regular Suit No. 444 of 2010. In this suit also, they have alleged possessory title. On the other hand, the petitioner has mentioned the plot number, its area and has alleged that it is his ancestral property and the defendants were the mere licensees. Both the suits are being tried together by the Learned Civil Judge (Senior Division), Lakhimpur Kheri. A copy of the order sheet shows that both the suits have been consulted by the learned Trial Court and evidence is being recorded. It is also alleged in Para- 8 & 9 of the writ petition that the petitioner is an old man aged about 72 years and is a practicing Advocate in Civil Court, Lakhimpur Kheri and in the year 2006 he has suffered paralytic attack.
The facts of the present case reveal that the situation in the subordinate Court has deteriorated to such an extent that an Advocate has been constrained to approach this Court to redress his grievances, which is sufficient to understand the plight, predicament or dilemma of a litigant.
In either case, the petition is disposed of with a direction to the learned Civil Judge (Senior Division), Lakhimpur Kheri to decide the case within three months from the date of production of certified copy of this order and shall adhere to the rules of procedure regarding grant of adjournment as contained in Order 17 C.P.C. It must be followed with a specific direction of the Hon'ble Apex Court that cases belong to Senior Citizens must be taken on priority basis.
Order Date :- 19.12.2012/Nitesh