The Allahabad High Court while disposing the petition reiterated that the power to direct expeditious disposal of Suit or any other Cases should be exercised sparingly in extraordinary circumstances and not in a routine manner.
A Single Bench of Justice Ashutosh Srivastava passed this order while hearing a petition filed by Smt Sharda Singh.
The petition under Article 227 of the Constitution of India has been instituted to direct the Civil Judge (Junior Division) 6th Mathura to proceed with and decide the Original Suit (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 bequeathed a House, area 500 square ft situated at Brij Ganga Residency-9, Civil Lines, Mathura under a registered Will dated 24.06.2016. 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 their 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 dated 24.06.2016 of her late husband.
The petitioner under such circumstances has instituted the Suit (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.
Counsel for the petitioner submitted 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 Wheelchair. The petitioner has moved the Civil Judge (Junior Division) 6th, Mathura, seized with the Suit Proceedings to expedite the same which application is pending consideration.
Counsel has invited the attention of the Court to the order sheet of the Suit Proceedings to demonstrate that the Trial Court is proceeding at a very slow pace and considering the plight of the petitioner and her old age the Suit Proceedings are liable to be expedited.
The Court has considered the submissions of the Counsel for the petitioner and has perused the records. From the perusal of the order sheet filed on record of the petition it is borne out that the suit is pending at the stage of framing of issues. The last date 07.11.2023 was fixed for consideration of the application of the petitioner (16-C) for expeditious disposal of the Suit.
In view of the above, the Court is not inclined to grant the relief prayed for by the petitioner at this stage. However, the Court found that the petitioner has already moved the Court below by moving an application for expeditious disposal of the suit proceedings taking into consideration that the petitioner is a Senior Citizen of 79 years of age. In the opinion of the Court the petitioner can be disposed of by requiring the Court to pass suitable orders thereon, the Court observed.
“Accordingly, the petition is disposed of by requiring the Civil Judge (Junior Division), 6th Mathura, seized with the Application for expeditious disposal (16-C) to consider and pass appropriate orders thereon on the next date fixed in the suit or within a reasonable time”, the order reads.