Pankaj Purohit, J
1. By means of the present writ petition under Article 227 of the Constitution of India, petitioner seeks for a direction to the learned Fifth Additional District Judge, Dehradun, to expedite the hearing of Misc. Case No.34 of 2023 Narendra Kumar Bhandari Vs. Rajni Datta and Ors., filed under Section 278 of the Indian Succession Act, 1925, expeditiously within a stipulated period as fixed by this Court.
2. It is the contended by learned counsel for petitioner that present Misc. Case for grant of letter of administration was filed by the petitioner on 29.05.2023, wherein, respondents have put in appearance. It is further contended by him that the said Misc. Case is pending since long on the objection/ disposal of the application 62C moved by respondents.
3. It is further submitted by him that it is a testamentary suit and the petitioner is 65 years of age, and therefore, he wants the matter to be decided during his lifetime, so that he can reap benefit of the judgment and order passed by learned Trial Court.
4. Having heard the learned counsel for the petitioner and having perused the entire order sheet annexed by learned counsel for the petitioner along with the present writ petition, this Court is of the view that the submissions made by learned counsel for the petitioner are correct. As per the order-sheet annexed by learned counsel for the petitioner, it is reflected that the matter is pending since long and the matter is being adjourned for one way and the other. The right of speedy justice is a fundamental right of the petitioner as per the Constitution of India. Thus, the learned counsel for the petitioner is succeeded in making out a case for direction to learned Trial Court to decide the aforesaid Misc. Case expeditiously.
5. Accordingly, the present writ petition is allowed. Learned Fifth Additional District Judge, Dehradun is hereby directed to decide and conclude the hearing of Misc. Case No.34 of 2023 Narendra Kumar Bhandari Vs. Rajni Datta and Ors., expeditiously but not later than six months from the date of production of certified copy of this order.
