Smt. Gyandhari Devi vs Ram Avtar

V.K. Bist, J.—Heard Shri Vipin Goel, learned Counsel for the petitioner and perused the record.

Present petition has been filed by the petitioner for direction to the learned Civil Judge (Sr. Div.), Haridwar to decide the Original Suit No. 104/09, "Smt. Gyandhari v. Ram Avtar" expeditiously.

Brief facts of the case, as narrated in the writ petition, are that the petitioner is plaintiff in Original Suit No. 104/09, "Smt. Gyandhari v. Ram Avtar" which is pending in the Court of Civil Judge (Sr. Div.), Haridwar. The above suit has been filed on behalf of the petitioner/plaintiff against the respondent/defendant and relief sought in aforesaid suit is for recovery of possession and mesne profit. The respondent/defendant is the real son of the petitioner and shops in question was handed over to him by the petitioner/plaintiff with a view that respondent/defendant will take care of the necessities i.e. food, cloth etc. of the petitioner. The property involved in aforesaid suit is the personal property of the petitioner/plaintiff and status of the respondent/defendant is only as a licensee. In the course of time, respondent/defendant began to deny the right and title of the petitioner/plaintiff and overlooked the necessities of the petitioner/plaintiff and with an ulterior motive filed a suit bearing O.S. No. 101/08, "Ram Avtar v. Smt. Gyandhar" wherein he denied the right and title of the petitioner/plaintiff. After knowing the ulterior motive of her son i.e. respondent, the petitioner filed the suit for possession against the respondent. The petitioner/plaintiff is a senior citizen aged about 82 years and suit No. 104/09 is pending for more than one year. Petitioner/plaintiff is suffering from many physical problems in common course of old age. The petitioner wants the disposal of O.S. No. 104/09, "Smt. Gyandhari v. Ram Avtar" in her lifetime.

In view of the fact that the petitioner is a 80 years old lady and the litigation is between the mother and son, this Court thinks it fit and proper to direct the Civil Judge (Sr. Div.), Haridwar to decide the Original Suit No. 104/09 "Smt. Gyandhari v. Ram Avtar" very very expeditiously. Accordingly, he is directed to decide Original Suit No. 104/2009, "Smt. Gyandhari v. Ram Avtar" very very expeditiously, within a period of six months from the date of production of certified copy of the order.

With the aforesaid direction, the writ petition is disposed of.