Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5826 of 2018 Petitioner :- Satya Narayan Singh Respondent :- Civil Judge (J.D.) Shahganj Jaunpur And 8 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to private respondents.
The defendant-petitioner is before this Court for a direction to first respondent to decide O.S. No.1316 of 2014 (Ram Surat & Ors. v. Ashutosh Singh & Anr.) within stipulated period.
This much is reflected from the record in question that Suit No.1316 of 2014 (Ram Surat Umar & Ors. v. Ashutosh Singh & Ors.) has been filed by plaintiff respondents for cancellation of sale deed dated 5.11.2014 executed by defendant-petitioner in favour of defendant-respondents. Learned counsel for the petitioner states that the suit in question has been preferred on 21.11.2014 and the defendant-petitioner, who is 96 yeas old and not physically fit, had moved an application on 22.4.2017 along with affidavit relating to evidence and requested the trial court that the contents of the said affidavit may be treated as evidence. It is contended by the defendant-petitioner that parties in the suit are his real sons and his only endeavour is that in his life time the aforementioned suit may be decided and as such this Court should come for rescue and reprieve of the petitioner.
Considering the facts and circumstances of the case and without expressing any opinion on the merits of the issue, the writ petition stands disposed of finally with a direction to first respondent to consider and decide the aforesaid suit in accordance with law expeditiously and preferably within a period of two years from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, except upon payment of cost of Rs.250/-.
Order Date :- 18.8.2018 SP/