Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6970 of 2018 Petitioner :- Chand Miyan Respondent :- Ajeem Khan And Another Counsel for Petitioner :- Neeraj Srivastava,Hari Mohan Srivastava
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 respondent.
The petitioner has approached this Court with the request to ask the court concerned i.e. Civil Judge (S.D.)/Fast Track Court, Kasganj to expedite the proceedings of Original Suit No.516 of 2011 (Ajeem Kahn vs. Mazid Ali Khan and others).
Learned counsel for the petitioner submits that the defendants are not co-operating in the matter, even the Court is also vacant and on theses scores the matter is pending since 2011 and as such, this Court should come to the rescue and reprieve of the petitioner.
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 aforesaid suit 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. In case the Court concerned is vacant, the petitioner is at liberty to approach the District Judge concerned within two weeks time from today and the learned District Judge, if he thinks fit, may transfer the matter to the other Court so that the same may be decided expeditiously and in case respondent is not co-operating in the suit proceedings, the Court concerned is at liberty to proceed ex-parte in the matter.
Order Date :- 18.9.2018 A. Pandey