Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6036 of 2018 Petitioner :- Jaishankar Mishra And Another Respondent :- Smt. Lachchhan Devi And 5 Others Counsel for Petitioner :- Dharmendra Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the defendants-applicants.
In view of the order, which is proposed to be passed, notices need not go to the private respondents.
The applicants have approached this Court to expedite the proceedings of Original Suit No.212 of 2008 (Smt. Sudha Mishra and another vs. Smt. Lachchhan Devi and others) connected with Original Suit No.957 of 2007 (Smt. Lachchhan Devi and others vs. Jaikshankar Mishra and another) pending before learned Civil Judge (Senior Division), Court No.2, Varanasi.
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.212 of 2008 (Smt. Sudha Mishra and another vs. Smt. Lachchhan Devi and others) connected with Original Suit No.957 of 2007 (Smt. Lachchhan Devi and others vs. Jaikshankar Mishra and another) and conclude the same, in accordance with law, as expeditiously as possible and preferably within two years 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 :- 24.8.2018 RKP