Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5877 of 2018 Petitioner :- Kamlesh and 2 others Respondent :- Mohan and 4 others Counsel for Petitioner :- Ram Shish Ram
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the plaintiff-applicant.
In view of the order, which is proposed to be passed today, notices need not go to the private respondents.
The applicant is before this Court assailing the order dated 1.8.2018 passed by the Civil Judge (Junior Division), Kaushambi in Suit No.20 of 2016 (Kamlesh and others vs. Mohan and others).
Once the Court has declined to interfere with the impugned order, then learned counsel for the petitioner states that the direction may be issued to the Court concerned to decide the application dated 15.4.2017 (37Ga) moved by the plaintiffs- petitioners in the aforesaid suit 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 consider and decide the application dated 15.4.2017 (37Ga) moved by the plaintiffs/petitioners in Suit No.20 of 2016 (Kamlesh and others vs. Mohan and others), in accordance with law, as expeditiously as possible and preferably within four months from the date of production of certified copy of this order.
Order Date :- 20.8.2018 RKP