IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 960 OF 2009 (M/S) Cyril H. Joseph son of late Rive Herbert Joseph resident of 54/4 Rajpur Road, Dehradun, District Dehradun. ……….. Petitioner. Versus Smt. Cynthia Johan wife of Bernard Johan, resident of Mission Compound College Road, Ropar Punjab and another. ………. Respondents Date:- June 30, 2009 Hon’ble B.S. Verma, J. Heard Sri Lokendra Dobhal, learned counsel for the petitioner. By means of this writ petition, the petitioner has sought writ, order or direction in the nature of mandamus commanding the trial court, ie., A.D.J./F.T.C. Vth, Dehradun to expedite the hearing of case and decide the original Suit No. 11 of 1999 “Cynthia Johan Vs. Cyril H. Joseph and another” within six months. Brief facts of the present writ petition according to the petitioner are that on 22.04.1997 the respondent no. 1 moved an application, which was later on registered as Misc. Case No. 55 of 1997, for succession of the movable property and securities left by late Carol Herbert Joseph and his wife late Sasan Carol Joseph Alleging herself as their daughter. The petitioner and his brother filed objection saying that both the aforesaid heavenly souls died issueless and they are real brothers of late Carol Herbert Joseph. On 1.9.1997 the petitioner moved application seeking a direction for the respondent nos. 1 and 2 from the court to prove their case. Several adjournments were sought in the case. On 13.08.1999, the Misc. Case No. 55 of 1997 was converted as original suit bearing no.11 of 1999. Respondent no. 1 again moved an application before ADJ/FTC VIth, Dehradun with prayer that his application for succession under Section 372 of Indian Succession Act, 1925 be decided in accordance with law which was rejected, vide order dated 25.05.2006. Against this order the respondent no. I filed Writ Petition No. 972 of 2006, Smt. Cynthia Johan Vs. Cyril H. Joseph and others, which was disposed of by this Hon’ble Court on 31.07.2006. Learned counsel for the petitioner has submitted that the petitioner is a senior citizen aged about 74 years and his younger brother Mr. Samuel Joseph (defendant no. 2) has expired on 11.10.2007 during the pendency of the case. The plaintiffs/respondents are adopting dilatory practice on one ground or other and delaying the hearing of the case for more than eleven years. The prayer is innocuous and deserves to be accepted. The Additional District Judge/F.T.C. Vth, Dehradun is directed to expedite the hearing of the case and decide the Original Suit No. 11 of 1999, Cynthia Johan Vs. Cyril H. Joseph and another, in accordance with law as early as possible, preferably within a period of one year. With the said direction, the writ petition is disposed of finally. (Interim Relief Application No. 5337 of 2009 stands disposed of.) (B.S. Verma, J.) 30.06.2009 RMY