Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6690 of 2018 Petitioner :- Anand Mohan Gupta And Another Respondent :- Civil Judge (Senior Division) Mainpuri And 2 Others Counsel for Petitioner :- Narendra Kumar Shukla,Rajneesh Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the defendants-applicants.
In view of the order, which is proposed to be passed, notices need not go to the private respondents.
The petitioner is before this Court with request to issue direction to learned Civil Judge (Senior Division) Mainpuri to decide counter claim filed in Civil Suit No.561 of 2011 (Dukh Haran Gupta vs. Anand Mohan and others) within stipulated time.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to expedite the proceeding of pending counter claim filed in Civil Suit No.561 of 2011 (Dukh Haran Gupta vs. Anand Mohan and others) and conclude the same, in accordance with law, as expeditiously as possible and preferably within one year from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 11.9.2018 RKP