Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5918 of 2018 Petitioner :- Nishirajwal and another Respondent :- Principal Judge And Another Counsel for Petitioner :- Vivek Kumar Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the plaintiffs-applicants.
In view of the order, which is proposed to be passed, notices need not go to the defendant-respondent.
The petitioners have approached this Court to expedite the proceedings of Case No.1927 of 2017 (Km. Nishirajwal and another vs. Chhatarpal Singh) under Section 3(B) II, 20 (3) of Hindu Adoption and Maintenance Act pending before learned Principal Judge, Family Court, Meerut.
Learned counsel for the petitioners states that the marriage of the mother of the petitioners namely Smt. Kamini Devi was solemnized with the second respondent namely Chhatrapal Singh and out of their wedlock three children including the petitioners were born. The second respondent ousted the mother of the petitioners in the year 1996. The petitioners filed the aforesaid case against the second respondent on 8.11.2017 in which notice was issued to him and he appeared in the aforesaid proceeding. The request has been made for issuing direction to the Court concerned for deciding the aforesaid case 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 expedite the proceeding of pending Case No.1927 of 2017 (Km. Nishirajwal and another vs. Chhatarpal Singh) under Section 3(B) II, 20 (3) of Hindu Adoption and Maintenance Act and conclude the same, 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 :- 21.8.2018 RKP