RAJENDRA SHARMA Vs. RAHUL SHARMA

JUDGEMENT

(1.) This writ petition has been filed under Article 227of the Constitution of India by the petitioner seeking issuance of writ of mandamus commanding the learned Civil Judge (J.D.), Roorkee, Haridwar to expedite the Original Case No.99 of 2015, Rajendra Sharma Vs. Rahul Sharma and another, within a period of three months or within such time which this Court deems fit.

(2.) Facts of the case in brief are that the petitioner and respondent are members of the same family but the respondent mischievously executed the sale deed in his favour dtd. 4/5/1996 which was registered as Bahi No.1 Zild No.2304/2383 in page no.135/313/318 in number 1375. The petitioner challenged the above mentioned sale deed by filing a civil suit in the court of learned Civil Judge (J.D.), Roorkee, Haridwar, in Original Case No.99 of 2015, Rajendra Sharma Vs. Rahul Sharma and another, with a prayer of cancellation of sale deed.

(3.) The learned counsel for the petitioner submits that the case is pending at evidence stage for ten years and is causing undue hardship to the petitioner and the delay is arbitrary and violative of right to speedy trial enshrined under Article 21 of the Constitution of India. He further submits that the petitioner is old and is a senior citizen of 74 years of age and the delay will cause irreparable loss and mental agony to the petitioner and will also deprive him of right to peacefully enjoy the property.