Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 7895 of 2017 Petitioner :- Jamil Ahmad And 2 Others Respondent :- Smt. Rajkumari And Another Counsel for Petitioner :- Ram Sajiwan Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
The petitioner has approached this Court to expedite the Suit No.30 of 2016 (Smt. Rajkumari v. Jamil Ahmad & Ors.) pending before the Civil Judge (JD), Kanpur Dehat.
The Court has proceeded to examine the record in question and does not find any inordinate delay in the suit proceedings to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
Once the Court has declined to interfere in the matter, learned counsel for the petitioners states that a direction may be issued to the Civil Judge (JD), Kanpur Dehat to decide interim injunction application in Suit No.30 of 2016 expeditiously. He also relied upon M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, in which Hon'ble the Apex Court 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 adjudicate the aforesaid interim injunction application, in accordance with law, expeditiously and without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 28.11.2017 SP/