Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6588 of 2018 Petitioner :- Hammad Hussain And 2 Others Respondent :- Civil Judge (Senior Division) And 2 Others Counsel for Petitioner :- Vipin Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners.
In view of the order, which is proposed to be passed, notices need not go to the private respondent.
The petitioners have approached this Court to expedite the proceedings of Original Suit No. 863 of 2004 (Mohammad Akhtar Ali Khan and another Vs. Aftab Hussain) pending before Civil Judge (Senior Division), FTC, Bareilly as well as counter-claim of the defendants-respondents.
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 proceedings of aforesaid Suit and decide the same as well as counter-claim of the defendants-respondents, 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 :- 7.9.2018 A.K.Srivastava