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AMARINDER SINGH GREWAL, J. (ORAL) –

1. The present revision petition has been filed under Article 227 of the Constitution of India, seeking a direction to the learned Court of Civil Judge (Junior Division), Ambala, to expeditiously adjudicate Civil Suit No.684 of 2015 (Annexure P-1), as almost 11 years have elapsed since the institution of the suit and the matter is still pending.

2. Brief facts of the case are that the respondents/plaintiffs filed a civil suit before the learned Civil Court, Ambala, seeking a declaration to the effect that the memorandum of family settlement dated 10.06.2009 is illegal and void, and also challenging the Will dated 12.09.2009. They further sought the relief of permanent injunction against the petitioners and others. Notice of the said suit was issued to the present petitioners, who appeared through counsel and filed their written statement. The learned trial Court framed as many as 11 issues vide order dated 28.05.2018, and the case was thereafter fixed for evidence of the respondents/plaintiffs. During the pendency of the suit, an application under Order 39 Rules 1 and 2 CPC, moved on behalf of the respondents/plaintiffs, was dismissed by the learned trial Court. Thereafter, the respondents/plaintiffs challenged the said order dated 03.12.2019 before the learned Additional District Judge, Ambala, and the appeal was partly allowed vide order dated 01.05.2023. In the said order, the learned Additional District Judge, Ambala, directed the learned Civil Judge (Junior Division), Ambala, to decide the main suit expeditiously, preferably within a period of six months.

3. Learned counsel for the petitioners contends that almost 11 years have elapsed, yet the respondents/plaintiffs have not concluded their evidence till date. It is further contended that the petitioners are senior citizens and are being unnecessarily harassed by the respondents by prolonging the proceedings. It is, therefore, prayed that the learned Civil Judge (Junior Division), Ambala, be directed to dispose of the suit expeditiously, preferably within a period of six months from today.

4. In view of the nature of the order proposed to be passed, issuance of notice to the respondents is dispensed with, as it would only delay the proceeding and cause unnecessary expenditure to the respondent.

5. I have heard learned counsel for the petitioners and have gone through the paper book.

6. In view of the above and without commenting upon the merits of the case, the present revision petition is allowed, and the learned Additional Civil Judge (Junior Division), Ambala, is directed to decide the suit at the earliest, preferably within a period of six months from today.

7. Pending applications, if any, shall stand disposed of.

Petition allowed.

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