Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5008 of 2018 Petitioner :- Awadhesh Kumar Kushwaha Respondent :- Satya Sharan Yadav And 2 Others Counsel for Petitioner :- Babu Lal Ram
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed today, notices need not go to the private respondents.
The petitioner has approached this Court with the prayer to ask the Court concerned i.e. Civil Judge (Junior Division), Kanpur Nagar to decide the interim injunction application dated 29.05.2017 under Order 39 Rule 1 CPC in Original Suit No.1237/2017 (Awadhesh Kumar Kushwaha vs. Satya Sharan Yadav and others) expeditiously.
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 consider and decide the interim injunction application dated 29.05.2017 under Order 39 Rule 1 CPC in Original Suit No.1237/2017 (Awadhesh Kumar Kushwaha vs. Satya Sharan Yadav and others), 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 :- 26.7.2018 A. Pandey