Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6708 of 2018 Petitioner :- Smt. Anjana Agarwal Respondent :- Asha Agarwal And 6 Others Counsel for Petitioner :- Sudhanshu Kumar,Swapnil Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the plaintiff-applicant.
In view of the order, which is proposed to be passed, notices need not go to the private respondents.
The applicant has approached this Court to expedite the proceedings of Original Suit No.399 of 2010 (Smt. Anjana Agarwal vs. Asha Agarwal and others) pending before learned Civil Judge (Senior Division)/F.T.C., Mathura.
Learned counsel for the petitioner states that the plaintiff is aged about 62 years and she is a senior citizen. The evidence of the plaintiff was closed on 3.4.2014 and since then the defendants have not produced their oral evidence nor filed their examination-in-chief. Even the Court below is adjourning the matter in a casual manner without considering the fact that the petitioner is an old lady and she is suffering from various ailments. The request has been made to issue direction to the Court below to decide the aforesaid suit 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 Original Suit No.399 of 2010 (Smt. Anjana Agarwal vs. Asha Agarwal and others) and conclude the same, in accordance with law, as expeditiously as possible and preferably within six months 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