The case is called out.
Learned counsel for the petitioner and learned A.C.S.C. for the State are present.
The present petition is filed under Article 227 of the Constitution of India for the relief of issue of direction for expeditious disposal of the suit pending before the opposite party no.2-the Civil Judge (Junior Division), North, Court No.25, Sultanpur where the suit is pending, filed on 16.07.2016 with regard to cancellation of a gift deed executed and registered on 05.06.2014 registered in register no.1, part no.1403 at page 163 to 182.
The copy of the petition is received in the office of the learned C.S.C. and learned A.C.S.C. on behalf of opposite party no.1 is present to response the petition. Opposite party nos.3 to 6 are the parties defendant in the aforesaid civil suit interested in the gift, contesting the claim of petitioner/the plaintiff in the suit for cancellation of the gift deed. However, this is important to mention that Ram Dutta-petitioner is alleged to have himself executed and got registered the sale deed in favour of opposite party no.3-Smt. Mayawati.
The grounds taken in the suit for cancellation of the suit by the petitioner is that under some misrepresentation, the opposite party no.4-Ram Sumiran, who is brother of the petitioner fraudulently succeeded in getting executed the gift in favour of his wife, all of his properties, movable or immovable both. As such they have fraudulently divested the plaintiff-petitioner from his proprietary rights even in his life time. The suit is pending since 16.07.2016 and as the allegation in the petition makes it clear that once the suit is proceeded ex-parte, thereafter, the private opposite parties/defendant appeared, applied for and got recall of order of proceeding ex-parte under order 9 Rule 7 C.P.C. As such, all the parties contesting the claim in the suit are present before the Court. Even then the Court has not proceeded in accordance with the procedure prescribed under C.P.C. for settling issues after taking on record the production of documentary evidences if any, the parties and the list of witnesses to record the case in the oral evidence by examining the witnesses so as to hear and conclude the suit.
In the aforesaid facts and circumstances, the learned court i.e. opposite party no.2-Civil Judge (Junior Division), North, Court No.25, Sultanpur is directed to decide the case after hearing the parties, following the proper procedure within a maximum period of six months from the date, the certified copy of the order is placed before it. In doing so unnecessary adjournment at the instance of either of the parties should be avoided by reasoned order and to proceed ahead as required in the partial stage of the suit.
With the aforesaid directions, the writ petition is disposed of Order Date :- 18.12.2019 Saurabh