Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5239 of 2018 Petitioner :- Jagdish Prasad Respondent :- Additional Civil Judge (S.D.) Court No. 6 Meerut And Another Counsel for Petitioner :- Aishwarya Pratap Singh
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 respondents.
The petitioner has approached this Court with the request to ask the court concerned i.e. Additional Civil Judge (Senior Division), Court no.6, Meerut to expedite the proceedings of Original Suit no.1101/2003 (Jagdish Prasad vs. Sri Narayan Singh) as well as the connected Original Suit no.890/2003 (Narayan vs. Jagdish).
Learned counsel for the petitioner, in support of his submission, states that the original suit no.890/2003 had been filed for permanent injunction against the petitioner whereas the petitioner had also instituted a Original Suit no.1101/2003 for eviction. Finally, both the Original suits had been consolidated by the Trial Court in the year 2004 and as such, request has been made that at present the matter is going on at evidence stage and the proceeding is pending since 2002 and as such, the same may also be expedited by this Court.
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 pending Original Suit no.1101/2003 (Jagdish Prasad vs. Sri Narayan Singh) as well as the connected Original Suit no.890/2003 (Narayan vs. Jagdish) and conclude the same, in accordance with law, as expeditiously as possible and preferably within six months 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 of Rs.250/-.
Order Date :- 31.7.2018 A. Pandey