Heard learned counsel for the petitioner.
The instant petition has been preferred seeking direction for expeditious disposal of the Regular Suit No.1/2015 (Ajay Singh Chandel & Anr. vs. Vijay Singh Chandel & Ors.) pending before the Additional Civil Judge (Senior Division), Court No.23, Lucknow.
The submission of the learned counsel for the petitioner is that the plaintiff-respondents no.2 and 3 instituted a suit for declaration and permanent injunction which has been registered as Regular Suit No.1/2015. Since, the matter related to the family, accordingly, the trial court had attempted reconciliation in terms of Section 89 CPC, however, the same failed. Thereafter, the issues were framed on 24.01.2018 and since thereafter the matter is being adjourned on one ground or the other.
It has further been submitted that the petitioner being the defendant has already filed his written statement containing a counter claim and as such it is prayed that the matter be expedited.
Considering the facts and circumstances as well as from the perusal of the extract of the order-sheet which has been brought on record as Annexure No.6, this Court is of the opinion that no gainful purpose would be served in keeping the aforesaid petition.
Hence, in view of the order proposed to be passed by this Court, notice to the private-respondents No.2 to 5 is dispensed with and in the facts and circumstances of the case without entering into the merits of the case, it is provided that the Court i.e. Additional Civil Judge (Senior Division), Court No.23, Lucknow shall make an endeavour to decide the pending Regular Suit No.1/2015 as expeditiously as possible, without granting any unnecessary adjournment to either of the parties, so that the trial can be concluded preferably within a period of one year from the date an authenticated copy of this order is placed before the Court concerned.
It is made clear that the Court has not examined the case of the petitioner on merits and the Court concerned shall decide the suit in accordance with law.
With the aforesaid, the writ petition is disposed of.
Order Date :- 27.8.2021 Rakesh/-