J.K.RANKA, J. - (1.) INSTANT petition has been filed under Article 226 and 227 of Constitution of India seeking direction for deciding the suit No.51/2007 expeditiously pending before the Court of Ld. Civil Judge (J.D.) Lalsot, Dausa, looking to the old age and disease of the petitioner.
(2.) THE prayer made in the writ petition is as under: "It is, therefore, humbly prayed to your lordships may graciously be pleased to accept and allow this writ petition and ordered to the learned trial court to dispose -off the above suit bearing no. 51/2007 expeditiously within 3 months."
(3.) THE brief facts as emerging on the face of record are that the respondent Babu Lal filed a suit for declaration and permanent injunction stating therein that the plaintiff and defendant are of one family and the agricultural land and residential house of the father of plaintiff -respondent No.2 situated in village Toad Dhama Tehsil Lalsot is in possession of Tansukh from his life time. He died on 08/05/1992 and mutation No.95 of the aforesaid land entered in the name of respondent No.2. The Additional Collector decided the mutation appeal in favour of the defendant on 15/02/1999. Second appeal was preferred before the Additional Divisional Commissioner, Jaipur which was decided in favour of the plaintiff and no appeal or revision was filed against the order dt. 07/06/2009 and thereafter the order attained finality. A suit was filed by the defendant -petitioner for declaration and permanent injunction in which interim injunction was granted in favour of the defendant on 10/06/1997. An appeal was preferred by the plaintiff against the interim injunction which came to dismissed on 11/10/1999 and a revision has also been filed before the Board of Revenue which also came to be dismissed on 13/02/2006. Counsel for the petitioner submits that the petitioner is an old aged person and the suit was filed in the year 2007. It is stated that the defendant petitioner is a senior citizen and apart from it he is also a heart patient and has also undergone angiography which has been done by the Doctor of Fortis Hospital New Delhi and stent has also been placed after operation. Looking to proceedings that for last about seven years case has not proceeded in any manner. He pleads for expeditious disposal of the suit.;