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Mangala Prasad vs Shiv Prasad And Others

High Court Of Judicature at Allahabad|14 September, 2018
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JUDGMENT / ORDER

Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6833 of 2018 Petitioner :- Mangala Prasad Respondent :- Shiv Prasad And 3 Others Counsel for Petitioner :- Ashutosh Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed today, notices need not go to the private respondent.
The petitioner has approached this Court to expedite the recall application registered as Misc. Case No. 71 of 2015 pending before learned Additional District Judge, Court No. 12, Allahabad.
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 recall application, in accordance with law, as expeditiously as possible and preferably within three 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
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Title

Mangala Prasad vs Shiv Prasad And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
14 September, 2018
Judges
  • Mahesh Chandra Tripathi
Advocates
  • Ashutosh Upadhyay