SHARDA SINGH Vs. YASHPAL

JUDGEMENT

(1.) Heard Shri Ram Chandra Uttam, learned counsel for the petitioner. Considering the nature of the order that is proposed to be passed the notice upon the respondent Nos. 1 to 3 is being dispensed with.

(2.) The instant petition under Article 227 of the Constitution of India has been instituted to direct the learned Civil Judge (Junior Division) 6th Mathura to proceed with and decide the Original Suit No. 578 of 2022 (Sharda Singh Vs. Yashpal Singh and others) pending before it expeditiously within a time frame fixed by the Court. It is the case of the petitioner that she is a widow lady of 79 years of age. Her late husband Colonel Suryapal Singh (retired) has bequeath a House bearing No. 1/170- A, area 500 square ft. situate at Brij Ganga Residency-9, Civil Lines, Mathura under a registered Will dtd. 24/6/2016. The respondents herein who are the sons and daughters of the petitioner have also been Willed a flat each under the registered Will aforesaid. All the contesting parties are in possession of there respective properties. The eldest son of the petitioner namely Chetan Kumar Singh is residing with her. The respondent no. 1 was permitted to reside in the house of the petitioner but now he has shown no intention to vacate the same. The other respondents are all intending to grab the house of the petitioner which has come under her share under the registered Will dtd. 24/6/2016 of her late husband. The petitioner under such circumstances has instituted the Suit No. 578 of 2022 (Sharda Singh vs. Yashpal Singh and others) seeking the relief of permanent injunction restraining the respondents from interfering in her peaceful possession and for eviction of the respondent no. 1 from Suit property. The respondents have put in appearance and filed their Written Statement. The petitioner has filed her Replica.

(3.) Learned counsel for the petitioner submits that the petitioner is a Senior Citizen of 79 years of age and is suffering from various old age related diseases and is on a Wheel Chair. The petitioner has moved the learned Civil Judge (Junior Division) 6th, Mathura, seized with the Suit Proceedings to expedite the same which application is pending consideration. Learned counsel has invited the attention of this Court to the order sheet of the Suit Proceedings to demonstrate that the Trial Court is proceedings in a very slow pace and considering the plight of the petitioner and her old age the Suit Proceedings are liable to be expedited. This Court has considered the submissions of the learned Counsel for the petitioner and has perused the records. From the perusal of the order sheet filed on record as Annexure -5 of the writ petition it is borne out that the suit is pending at the stage of framing of issues. The last date 7/11/2023 was fixed for consideration of the application of the petitioner (16-C) for expeditious disposal of the Suit. The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) has held that no direction can be issued to the sub-ordinate courts for deciding the suit within stipulated period. Relevant portion of the judgment is extracted hereunder:-