Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5856 of 2018 Petitioner :- Brijesh Kumar Respondent :- Civil Judge (Senior Division) And 2 Others Counsel for Petitioner :- Manvendra Nath Singh,Anjali Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed today, notices need not go to the private respondents.
In pith and substance, the petitioner has approached this Court with the prayer to ask the Court concerned i.e. Civil Judge (Senior Division), Jaunpur to decide the application 6-C pending in Original Suit No.316 of 2018 (Brijesh Kumar vs. Ramrathi and another) expeditiously.
Learned counsel for the petitioner informed to the Court that the next date fixed in the matter is 17.09.2018 and as such, the matter may be directed to be decided on the next date fixed in the matter and as there is every likelihood that till the disposal of the aforesaid application, the petitioner may be dispossessed from the land in question, the rights of petitioner over the property in dispute may also be protected.
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 pass an appropriate order in the application 6-C pending in Original Suit No.316 of 2018 (Brijesh Kumar vs. Ramrathi and another), in accordance with law, preferably on the next date fixed in the matter or in case for any reason, the case is adjourned on that date, then the same may be decided within a period of two months thereafter. It is made clear that till the disposal of the said application, status quo as of today qua the property in dispute shall be maintained by the parties.
Order Date :- 18.8.2018 A. Pandey