Both By Caste Balai v. Ramakant

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8581/2018 1. Phool Chand Hadiya S/o Birdu, Aged About 82 Years 2. Smt. Pushpa Devi W/o Phool Chand, Aged About 80Years, Years, Both By Caste Balai, R/o Plot No. 45, Income Tax Colony,Durgapura, Jaipur, RajasthanDurgapura, Jaipur, Rajasthan ----Petitioners Versus 1. Ramakant S/o Santu Ram 2. Chiranji Lal S/o Santu Ram 3. Amrit S/o Santu Ram, All By Caste Balai, R/o Narayanpur, Post Teeba Upar, Tehsil Thanagazi, District Alwar,RajasthanRajasthan 4. Kailash S/o Bhagirath 5. Hari @ Dablu S/o Bhagirath 6. Smt. Sharda W/o Kailash 7. Smt. Meena W/o Hari 8. Pawan Kumar S/o Santu Ram, All By Caste Balai, R/o Narayanpur, Post Teeba Upar,Tehsil Thanagazi, District Alwar, RajasthanTehsil Thanagazi, District Alwar, Rajasthan ----Respondents For Petitioner(s) : Mr. Mahendra Kumar Kuldeep HON'BLE MR. JUSTICE ALOK SHARMA Judgment 24/04/2018 This petition has been filed with a prayer to direct the Addl. District Judge No.3, Alwar to decide at an early date Civil Appeal No.45/2012, titled Ramakant & Ors. Versus Phool Chand & Ors. filed under Section 96 CPC r/w Order 41 Rule 1 CPC andpending for over the last five years. Counsel for the defendants-petitioners (hereafter ‘thedefendants’) submitted that plaintiffs-respondents (hereafter ‘theplaintiffs’) filed a suit for permanent injunction in the year 2006.With the written statement thereto, the defendants filed counterclaim. The suit was dismissed and the counter claim filed by thedefendants was decreed vide judgment and decree dated 17.5.2012.Thereagainst an appeal under Order 41 Rule 1 CPC was filed by theplaintiffs before Addl. District Judge No.3, Alwar in the year 2012.The appeal is yet pending adjudication as adjournments are beingsought by the plaintiffs and granted on the mere askance. It hasbeen submitted that the defendants are both 80 years old and wishto see end of litigation within their lives. Counsel prayed that ADJNo.3, Alwar be therefore directed to decide the appeal (45/2012)expeditiously as the defendants cannot have any vested right indelaying the disposal of their own first regular appeal. Having heard learned counsel for the defendants, I findthat the relief sought is reasonable. In the facts obtaining, the Addl. District Judge No.3, Alwaris directed to expeditiously decide the appeal (No. 45/2012) pending before him and in any event not later than three months from the next date fixed before him in the appeal. The writ petition stands disposed of accordingly. (ALOK SHARMA),J DK