RADHA KISHAN Vs. SHAKUNTALA DEVI
LAWS(RAJ)-2013-7-156
HIGH COURT OF RAJASTHAN
Decided on July 23,2013

RADHA KISHAN Appellant
VERSUS
Smt. Shakuntala Devi and Ors. Respondents

JUDGEMENT

Jainendra Kumar Ranka, J. - (1.) INSTANT writ petition has been filed by the petitioner with the following prayer: - - (i). Issue an appropriate writ, order or directions directed to the learned Court of Additional District and Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur to not to grant unnecessary adjournments in the matter and to expedite disposal of the Civil Suit No. 1298/2009 Shakuntala Devi Versus Radha Kishan and Another pending before it. It is submitted by the learned counsel for the petitioner that the suit was instituted in the year 2006 and presently bearing No. 198/2009 is pending in the Court of learned Additional District Judge (Fast Track) No. 1, Jaipur City, Jaipur. He has placed before the Court some order -sheet dt. 4.12.2010 and onwards to show that for the last more than two and half years, nothing has been done and the suit is un -necessarily delayed for one or the other reasons and even issues have not been framed. It is submitted that the petitioner -defendant is a senior citizen aged about 85 years old and it would not be possible for the petitioner to attend the Court time and again due to old age and several ailments. Therefore, learned counsel prays for issuance of direction to the trial Court to decide the suit in question in a given time frame by this Court and not to grant further adjournments in the matter in future until or unless necessity arises.
(2.) KEEPING in view the aforesaid facts and circumstances of the case and the prayer made by the petitioner and after perusing the material on record and also keeping in view the age of the petitioner, in the interest of justice, I consider it appropriate to direct the trial Court to decide the suit expeditiously, within a period of one year from the date of receipt of certified copy of this order and will not adjourn the matter in future un -necessarily, until and unless necessity arises or on account of genuine reasons. With the aforesaid directions, the writ petition is disposed of.;


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