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2004 DIGILAW 1144 (RAJ)

Nanag Ram v. Civil Judge (Sr. Division) Srimadhopur, Distt. Sikar

2004-08-10

K.S.RATHORE

body2004
JUDGMENT 1. - Learned counsel for the petitioners submits that the petitioners are senior citizens and awaiting a decision in the suit for eviction filed by them. It is submitted that the suit is filed in the year 1996 after lapse of more then eight years, the trial Court has even not framed the issue in the matter. 2. He also referred the judgment passed by this Court in the case of Mali Ram v. Civil Judge (SD) Srimadhopur & Ors., dated 3.3.2004 wherein this Court looking to the age of the plaintiff and looking to the pendency since long and considering the view expressed by the Hon'ble Supreme Court, directed to decide the suit within a period of three months from the date of receipt of the copy of this judgment. 3. Having gone through the judgment referred before me and having considered the submissions made on behalf of the petitioners, it is true that the suit is pending since 1996 and as per the order-sheets as filed by the petitioners reveals that till date the trial Court has not framed the issues in the matter. Looking to the age of the petitioners as they are 73 & 76 years old, in view of this fact and in view of the ratio decided by the Hon'ble Supreme Court the trial Court is directed to decided the suit No. 73/1996, which is pending before the trial Court expeditiously but in any case not later than six months from the date of receipt of the copy of this order. 4. With these observations, the writ petition stands disposed of.Writ Petition Disposed Of. *******