Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for opposite party no.6 and gone through the records.
The petitioner has sought for issue a writ in the nature of mandamus commanding learned IIIrd Additional District Judge, Lakhimpur Kheri to decide misc. case no.167 of 2009 (Smt. Satnam Kaur v. Satendra Pal Singh and others), which is pending for the last more than three years for grant of probate. In connection with this trial, the petitioner has earlier filed writ petition (M/S) no.7283 of 2010, which was disposed of finally with direction to IIIrd Additional District Judge, Lakhimpur Kheri to decide the case expeditiously preferably within a period of six months from the date of receiving the certified copy of order after hearing the learned counsel for the parties on merit in accordance with law. It is really disgusting to note that the learned Trial Court did not pay any heed to the directions of this Court. Now it is an open secret that the public at large is rapidly losing faith in the judicial system. It is not on account of incompetence but due to heavy work load.
It was argued on behalf of the State that the second writ petition regarding same relief is not permissible. This Court has to weigh between entertaining a subsequent writ petition or compelling an aggrieved party to haul the subordinate Judge for committing Contempt of this Court. This Court has chosen a lesser will. This court is fully aware of the surmounting pendency over the Courts below. Due to this defect in the system the Judges are expected to be more activist than earlier and they are called upon to weigh the matters of routine and matters which call for immediate attention. Grant of probate is a humanitarian provision like grant of succession certificate or matrimonial disputes etc. In such cases prompt redressal is required.
With these observations, writ petition is disposed of finally and IIIrd Additional District Judge, Lakhimpur Kheri is directed to decide Misc. Case No.167 of 2009 (Smt. Satnam Kaur vs. Satendra Pal Singh and others) within three months from the date of production of a certified copy of this order.
Let a copy of this order be sent to the learned District Judge, Lakhimpur Kheri, who shall personally ensure that the case is decided within time stipulated as above.
Order Date :- 6.9.2012 Ram.