Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6971 of 2018 Petitioner :- Smt. Nisha Sharma And Another Respondent :- Civil Judge (Junior Division) Garbi Allahabad And Another Counsel for Petitioner :- Rakesh Kumar Rathore,Sanjeev Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners.
The petitioners have approached this Court with the request to ask the court concerned i.e. Civil Judge, (Junior Division), Garbi, Allahabad to expedite the proceedings of Original Suit No.186/2012 (Budhram vs. Nisha Sharma and another).
In view of the order proposed to be passed, notices need not to be issued to the private respondent.
In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to adjudicate the aforesaid suit, in accordance with law, as expeditiously as possible without granting unnecessary adjournment to either of the parties, except upon payment of cost of Rs.250/-.
Order Date :- 18.9.2018 A. Pandey