Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 7913 of 2017 Petitioner :- Badri Prasad Kakker Respondent :- Ajay Kakker @ Ajju And Another Counsel for Petitioner :- Ankur Tondon Hon'ble Mahesh Chandra Tripathi,J. Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed, notices need not go to the private respondents.
The petitioner has approached this Court to expedite the Probate Case No.223 of 2006 (Ajay Kakker v. Badri Prasad Kakker & Ors.) pending before the Addl. District Judge, Court No.9, Allahabad.
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 adjudicate the aforesaid probate case, in accordance with law, as expeditiously as possible and preferably within one year from the date of production of certified copy of this order and without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 28.11.2017 SP/