Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5160 of 2018 Petitioner :- Basant Lal Respondent :- Additional Divil Judge (J.D.), Court No.6 Allahabad And 3 Others Counsel for Petitioner :- Bimla Prasad
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 Suit No.687 of 1993 (Basant Lal vs. Kunwar Chandan Singh and others) pending before learned Additional Civil Judge (Junior Division), Court No.6, Allahabad.
Learned counsel for the petitioner states that the aforesaid suit for permanent injunction as well as cancellation of agreement to sale in question was filed by the petitioner and the same was decreed by the trial court vide judgement and order dated 8.12.2006. The defendant-respondent nos.2 and 3 assailed aforesaid judgement and decree by preferring Civil Appeal No.180 of 2012. Learned Additional District and Session Judge, Court No.6, Allahabad allowed the appeal and remanded the matter back to the trial court for framing the issue in the light of amendment made in the plaint. After remand the matter is pending in the court of the first respondent since April, 2015 and on account of pendency of the aforesaid suit the petitioner is suffering irreparable loss and injury.
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.687 of 1993 (Basant Lal vs. Kunwar Chandan Singh and others) and conclude the same, in accordance with law, as expeditiously as possible and preferably within one year 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 :- 30.7.2018 RKP