Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5099 of 2018 Petitioner :- Bhola Respondent :- Civil Judge (Senior Division), Sant Kabir Nagar And Another Counsel for Petitioner :- Istiyaq Ali,Ali Hasan Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Asif Hasan, learned counsel for the defendant- petitioner.
In view of the order, which is proposed to be passed today, notices need not go to the plaintiff-respondent no.2.
The petitioner is before this Court assailing the order dated 2.4.2015 passed by the Civil Judge (Senior Division), Sant Kabir Nagar in Original Suit No.68 of 2015 (Rajendra vs. Bhola).
This writ petition has been filed beyond period of three years and 23 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.
Once the Court has declined to interfere with the impugned order, 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 Original Suit No.68 of 2015 (Rajendra vs. Bhola) and conclude the same, in accordance with law without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 27.7.2018 RKP