RAM PRASIDH Vs. CIVIL JUDGE (JUNIOR DIVISION)

JUDGEMENT

(1.) Heard learned counsel for the petitioner through virtual mode.

(2.) This petition has been filed praying for a direction to be issued to the respondent no.1-Civil Judge (Junior Division)-III, Gonda, to decide Regular Suit No.307 of 2001: Ram Prasidh Vs. Muni Prakash and others, expeditiously.

(3.) It has been submitted that the petitioner and the private respondents are close relatives. The petitioner was prevented from peaceful enjoyment of his property on the basis of Will made out in his favour by the earlier tenure holder and therefore filed a Regular Suit for permanent injunction. Notices were issued to the private respondents but they did not turn up. A publication was made thereafter but the defendants to the said Suit still did not appear. They appeared later on and filed Application No.17-Ga2 under Order 9 Rule 7 of the C.P.C. for cancellation of order dated 11.03.2003 which was allowed by an order dated 13.02.2020. As a result thereof, the proceedings which were at an advanced stage have been reverted to the initial stage. Evidence was being recorded of the parties and arguments were only now being heard. Hence this petition.