Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6018 of 2018 Petitioner :- Smt.Bandana Respondent :- Heera Lal And 2 Others Counsel for Petitioner :- Nagendra Nath Mishra,Nitya Nand Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the defendant-petitioner and learned counsel for the contesting respondents.
The petitioner is assailing the order dated 12.01.2012 passed by Additional District Judge, Court No.6, Gorakhpur, by which he has allowed the Misc. Appeal No.35 of 2011 (Heera Lal vs. Ram Awadh) and set aside the order of the trial court dated 20.5.2011 and for direction to learned Civil Judge (Junior Division), Gorakhpur to decide the Suit No.806 of 2009 (Heera Lal vs. Ram Awadh) within stipulated time.
This writ petition has been filed beyond period of four years and 124 days after lapse of period of limitation. Learned counsel for the petitioner has requested for condonation of this delay.
The petitioner has not sufficiently explained the delay in filing the writ petition and therefore, the request for condonation of delay is declined. The writ petition is liable to be dismissed on the ground of delay and laches itself.
Once the Court has declined to interfere in the matter, then learned counsel for the petitioner prays that a direction may be issued 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 Suit No.806 of 2009 (Heera Lal vs. Ram Awadh) and conclude the same, in accordance with law without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 24.8.2018 V.S.Singh