Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5991 of 2018 Petitioner :- Badlu Respondent :- Additional Judge Small Causes Court Moradabad And Antoher Counsel for Petitioner :- Sanjay Kumar Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
In view of the order, which is proposed to be passed, notices need not go to the private respondent.
The applicant has approached this Court to direct the respondent no.1 i.e. Additional Judge, Small Causes Court, Moradabad to decide the Misc. Case No.23/2016 (Badlu vs. Akram Ali) in Suit No.664 of 2011 (Akram Ali vs. Badlu) within stipulated period.
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 Misc. Case No.23/2016 (Badlu vs. Akram Ali) in Suit No.664 of 2011 (Akram Ali vs. Badlu) and conclude the same, in accordance with law, as expeditiously as possible and preferably within four 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 :- 23.8.2018 Jitendra