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Judgment
H. S. Thangkhiew, J
This application has been filed under Article 227 seeking expeditious disposal of Title Suit No. 11(H) 2017, pending before the learned Assistant District Judge, Shillong.
The reasons as set forth is that the long delay in disposing of the Suit has caused immense hardship to the petitioner, and due to the delay, the witnesses who are supposed to appear have not been able to tender their evidence.
Mr. K. Paul, learned Senior counsel assisted by Mr. S. Panthi, learned counsel for the petitioner prays that appropriate orders be passed to direct the Trial Court to expedite the matter.
Mr. S. Sen, learned counsel who has entered appearance on behalf of the respondent/defendant today itself, submits that the delay that has been caused, cannot be attributed to the respondent/defendant. As recent as on 18.07.2023 he submits, an application under Order XVI Rule 1 Sub-Rule 3 has been filed by the plaintiff/petitioner to allow additional witnesses and for dropping 2 witnesses who are already in the list of witnesses. He further submits that a copy of the application was made available to the respondent only on 18.07.2023, which was the last date. As such, he submits that the delay not being caused by the respondent, the application is devoid of merit, and no interference is called for by this Court.
Having heard the learned counsel for the parties, it appears that the only concern of the plaintiff/petitioner is that the Suit proceed in an expeditious manner, as the plaintiff/petitioner being at an advanced age, will not be able to enjoy the property for which she seeks eviction of the respondent/defendant.
Though, no specific allegation has been made that the respondent is the cause of the delay, the only reason shown is the long dates that had been fixed by the Trial Court. This Court at this stage deems it fit to dispose of the instant application with the direction that notwithstanding the application that has been filed, the Trial Court shall endeavor to dispose of the Title Suit, which is at the stage of examination of witnesses as expeditiously as possible.
With the above directions, this matter stands closed and is accordingly disposed of.