Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6839 of 2018 Petitioner :- Kamal Dev Singh And Another Respondent :- Civil Judge (S.D.) Kushi Nagar At Padrauna And 8 Others Counsel for Petitioner :- Krishna Datta Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners.
In view of the order, which is proposed to be passed today, notices need not go to the private respondent.
The petitioners have approached this Court to expedite the application under Order 39 Rule 1 C.P.C. pending in Original Suit No. 543 of 2014 (Kamal Dev Singh and another vs. Shiv Shankar and others) before Civil Judge (S.D.), Kushi Nagar at Padrauna.
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 consider and decide the aforementioned application pending in aforesaid Suit, in accordance with law, as expeditiously as possible and preferably within four 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.
Order Date :- 14.9.2018 A.K.Srivastava