Today Advocates are abstaining from work. I have perused the record.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioner is before this Court for a direction to Civil Judge (J.D.), F.T.C., Allahabad to decide the Original Suit No.362 of 2014 within stipulated period.
From perusal of the record it appears that original suit was filed in the year 2014 by the petitioner for the following reliefs:-
"(a) That the Will dated 7-4-2003 be declared effective in place of the wills dated 20.7.06 and 22.2.2013 and the name of the plaintiff and defendant be declared effective on the basis of the will dated 7-4-2003.
(b) That the defendant be restrained by means of permanent injunction from interfering in the possession of the plaintiff over the house in suit and from dispossessing the plaintiff from the house in suit in any manner and also restrain not to sell the entire house to any other person.
(c) Cost of the suit be awarded to the plaintiff from the defendant.
(d) Any other relief which the court deems fit and proper be granted to the plaintiff."
In the aforesaid suit issues were framed by the Civil Judge (S.D.), Allahabad on 11.7.2016. In paragraph 12 of the petition it is stated that on 19.7.2017 an order was passed to proceed ex-parte against the defendant with the aforesaid suit. The order dated 19.7.2017 is reproduced herein below :-
"Case called out several times till 02:10 PM and the plaintiff with learned counsel present and defendant absent, on perusal of record it is found that defendant is regularly not appearing in the case therefore, the case is proceeded exparte against the defendant. Case to be put upon 22.09.2017."
The suit is pending consideration for last several years but till date no decision has been taken on the same. It is stated in the petition that the matter is very short and the same will not take much time for disposal of the suit.
In the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide the aforesaid suit in accordance with law expeditiously and positvely within a period of one year from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties Order Date :- 26.2.2021 Pramod Tripathi