Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5901 of 2018 Petitioner :- Kamla Singh Respondent :- Hari Singh And 2 Others Counsel for Petitioner :- Shivendra Nath Singh,Sanjai Kumar Rai
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
In view of the order, which is proposed to be passed today, notices need not go to the private respondents.
The applicant has approached this Court for issuing direction to the Civil Judge (Senior Division), Court No.18, Deoria to decide Misc. Case No.76 of 2015 (Kamla Singh vs. Hari Singh and others) file under Order 21 Rule 57 of C.P.C. in Execution Case No.23 of 1999 (Hari Singh and others vs. Kamla Singh) within stipulated time.
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 decide the Misc. Case No.76 of 2015 (Kamla Singh vs. Hari Singh and others) filed under Order 21 Rule 57 of C.P.C. in Execution Case No.23 of 1999 (Hari Singh and others vs. Kamla Singh) 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 :- 20.8.2018 RKP